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2007, Oct adopted Shoreline Mgmt Program Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H TABLE OF CONTENTS INTRODUCTION Program Requirements Jurisdiction Shorelines of Statewide Significance SECTION ONE GOALS AND POLICIES FOR SHORELINE ELEMENTS IN SPOKANE COUNTY 1-1 Goals for Shorelines of Statewide Significance 1-3 Program Elements and Recommendations 1-4 Plans and Considerations for the Spokane County Comprehensive Plan 1-6 SECTION TWO SHORELINE MANAGEMENT AREAS 2-1 The Natural Area Designation 2-1 The Pastoral Area Designation 2-2 The Conservancy Area Designation 2-2 The Rural Area Designation 2-2 The Urban Area Designation 2-3 SECTION THREE POLICIES FOR SHORELINE USE ACTIVITIES 3-1 1. Agriculture 3-1 2. Aquaculture 3-2 3. Forest Management Practices 3-2 4. Commercial Development 3-3 5. Marinas 3-4 6. Mining 3-5 7. Signs and Outdoor Advertising 3-5 8. Residential Development 3-6 9. Utilities 3-7 10. Water- Related Industry 3-9 11. Solid Waste Disposal 3-10 12. Roads, Railroads and Bridges 3-10 13. Archaeological Areas and Historical Sites 3-12 14. Recreation 3-13 15. Landfill 3-13 16. Dredging 3-14 17. Bulkheads 3-15 18. Piers and Docks 3-16 19. Shoreline Protection 3-17 Page 1 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION FOUR USE REGULATIONS 4-1 Section I Preamble 4-1 Section II Applications and Exemptions 4-1 Section III Shoreline Management Areas 4-5 Section IV Criteria and Objectives for Shoreline Management Areas 4-5 Section V General Regulations 4-7 Section VI Regulations for Use Activities 4-9 1. Agriculture 4-9 2 Aquaculture 4-9 3. Forest Management Practices 4-9 4. Commercial Development 4-10 5. Marinas 4-11 6. Mining 4-12 7. Signs and Outdoor Advertising 4-13 8. Residential Development 4-14 9. Utilities 4-15 10. Water-Related Industry 4-19 11. Solid Waste Disposal 4-20 12. Roads, Railroads and Bridges 4-20 13. Archaeological Areas and Historical Sites 4-22 14. Recreation 4-22 15. Landfill 4-23 16. Dredging 4-24 17. Bulkheads 4-24 18. Piers and Docks 4-25 19. Shoreline Protection 4-27 Section VII Variances and Conditional Uses 4-27 Section VIII Administration and Penalties 4-28 Section IX Program Continuity and Periodic Review 4-30 Section X Definitions 4-31 SECTION FIVE PUBLIC PARTICIPATION AND BACKGROUND INFORMATION APPENDIX "A" MAILING LIST AND CITIZEN ADVISORY COMMITTEE APPENDIX "B" CITIZEN ADVISORY COMMITTEE MEETINGS SHORELINE DESIGNATIONS MAP Page 2 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H January 15, 1975 Honorable Ray W. Christensen, Chairman Board of County Commissioners County Courthouse Spokane, Washington 99201 Dear Mr. Christensen: This letter constitutes formal approval of the Spokane County Shoreline Management Program prepared by the Department and the Citizen Advisory Committee as it applies to the County's jurisdiction and the incorporated towns of Medical Lake, Rockford, waverly, Latah and Millwood. The August draft document, along with subsequent changes included in the attached Addenda approved by the Advisory Committee and the Department, constitutes the approved Program. The Program will be formglly adopted under the washington Administrative Code as the Master Shoreline Program for Spokane County as required by Chapter 90.58.070 (2) RCW along with other local programs during February or March. Since the September 10 public hearing the Citizen Advisory Committee has held six additional public advisory committee meetings and received additional input from individuals and interest groups. This additional time and input has provided the basis for the Committee to make modifications in the Program to accommodate most of the objections and valid concerns raised by various interests and groups. The Program was reviewed by my staff and by a task force of Federal, State and local agencies and found to be consistent with the intent of the Shoreline Management Act of 1971 and the Final Guidelines. After adoption, we will retype the basic document (the August draft) including the incorporation of changes included in the Addenda and provide you with 50 copies of the approved Program along with revisions to the map. Also, we will provide all review comments, correspondence, and other relevant materials to your Planning Department for their utilization in any future updating or amendment process. We wish to express our appreciation to the citizens, groups, individuals and County agencies who participated in the development of the Program. We are especially indebted to members of the Advisory Committee who held over 40 public meetings and spent untold hours assuring that the Program was developed localy wlith local interests In mind as intended by the Legislature. Further inquiries relating to the Program should be directed to Mr. Don Peterson at (206) 753.6865 in Olympia. Very truly yours, John A. Biggs Director JABlpmblljv cc: Charles Huggins, Planning Director Jose Urcia, Director Spokane Regional Planning Conference Page 3 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H INTRODUCTION The Shoreline Management Act of 1971 was passed by the State Legislature and ratified by the people of the State at the general election in November, 1972. The Act was passed in recognition of the scarcity of shoreline resources and the increasing number of problems associated with the use and misuse of the State's shorelines. The basic policy or intent of the Act is to "provide for the management of the shorelines of the State by planning for and fostering all reasonable and appropriate uses of the State's shorelines." In response to this basic policy, the Act provided for the establishment of a cooperative program between State and local governments. This cooperative program includes the administration of a permit system and the development of long-range shoreline management programs by which the policies of the Shoreline Management Act are implemented. These programs are intended to be developed by local government so that unique local circumstances and local interests are considered in the management of the State's shorelines. The Program for Spokane County was developed by the Department of Ecology at the option of the County government. The Department, while authorized by the Act to develop and adopt a program for those local governments choosing not to prepare their own plans, has attempt- ed to carry out the spirit of the Act by allowing for local input in the preparation of this Program. One of the most important features of the Spokane County Shoreline Program is the emphasis it has placed on citizen involvement, for only through an active shoreline program in which the citizens are able to participate from the outset can the goals and objectives of the shoreline management be attained. This is particularly true of Spokane County and, because of this fact, the Shoreline Citizens Advisory Committee has worked long hours to ensure that the needs and desires of its citizens have been reasonably represented. Since the first meeting of October 26, 1973, the Committee has met nearly weekly, and twice weekly during the final months of the Program, to assure timely completion of the Program. Committee meetings have been open to the public with prior announcement in the newspaper. Completed materials have been circulated to interested groups and to concerned local governmental agencies and officials. In all, some 45 public meetings and 2 public hearings were held during program development. Program Requirements Purpose: This Shoreline Program has been developed to serve as a guide to those local officials charged with the duty of administering the Shoreline Management Permit System. As a guide, it contains statements indicating the future shoreline conditions desired by the people of the Page 4 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H State and County and it contains policies directing the way to achieve those desired future conditions. Hence, the permit system, operating as a tool for implementing these policies, must be administered in a manner consistent with the goals and policies of this Master Program. Organization: This Program is organized in a hierarchal fashion beginning with broad goal statements and ending with specific use-regulations. It is organ- ized in this fashion to make the Program flexible as well as applicable to the variety of situations which may occur in the future. In order to express the future conditions desired for Spokane County shorelines, this Program contains a set of goals and policies in Section 1 which apply broadly to all "shorelines of the State" within the County. A set of Management Area Designations has been established and is described in Section II . These Management Area Designations differen- tiate the application of policies between distinctively different shoreline areas in the County. In Section III, the Program contains policy statements for specific shoreline use-activities for each type of management area designated in the County. These policies are to be used as the primary vehicle for determining the permissibility of a use-activity in a shoreline area. These policies also provide the bridge for translating the broad goal statements in Section 1 into specific use-regulations located in the last section of this Program. Section IV contains use-activity regulations. The use-activity regulations are the most specific statements to which an activity must conform in order to be permissible within a shoreline area. The use-regulations define how a use-activity is to be designed, located, or situated in the shoreline area in order to fulfill the intent of the policies. However, the use-regulations are not the sole criteria to be used in determining the permissibility of a use-activity in shoreline areas. This determination can only be made after it is determined that the proposed use-activity is reasonably consistent with the applicable goals and policies contained in this Program. Section IV also contains provisons for variances and conditional uses. Variances and conditional uses are provided so that the requirements of the Shoreline Management Act and this Program can be carried out in a fair and equitable manner without creating hardship situations for those affected by the Act and Program. Jurisdiction The Shoreline Management Act, Chapter 90.58 RCW, applies to all streams with a mean annual flow greater than 20 cubic feet per second and lakes, impoundments, and reservoirs larger than 20 acres. It applies to land extending landward 200 feet from the ordinary high- water mark on these waters and to all land underlying these waters. it also applies to the associated marshes, bogs, swamps, floodways, river deltas, and flood plains associated with said streams. Pagei5 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H A Shoreline Management Substantial Development Permit is required for any development within the shoreline area as described above. A substantial development is defined in Chapter 90.58.030 RCW as any development having a fair market value of $1,000, or more, or which interferes with the normal public use of the surface of the water over- lying lands subject to the Act, except for the following: 1 . Normal maintenance or repair of existing structures or devel- opments, including damage by accident, fire, or elements; 2. Construction of the normal bulkhead common to single-family residence; 3. Emergency construction necessary to protect property from damage by the elements; 4. Construction of a barn or similar agricultural structure on wetlands; 5. Construction or modification of navigational aids; 6. Construction on wetlands by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 7. Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or con- tract purchaser of a single-family residence, the cost of which does not exceed $2,500. Shorelines of Statewide Significance Shorelines of Statewide Significance are those shorelines in Eastern Washington associated with (1 ) rivers or segments of rivers downstream from a point where the mean annual flow is, or is greater than, 200 cubic feet per second or downstream from the first 300 square miles of drainage area, whichever is longer and (2) lakes, reservoirs, impound- ments, or combinations thereof, 1,000 acres or more as measured at the ordinary high water mark. The Shoreline Management Act has designated these shorelines to be of statewide interest, and therefore, to be man- aged with the interest of the citizens of the State having paramount importance. In doing this, the Act outlines six basic criteria which must be followed in developing a program for Shorelines of Statewide Significance. These criteria are "programs . • . shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; PaciTi6 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H (2) Preserve the natural character of the shoreline; (3) Result in long-term over short-term benefit; (4) Protect the resources and ecology of the shore- line; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public on the shorelines." A set of goals and policies is contained within Section 1 of this Program specifically addressed to Shorelines of Statewide Significance. These policies are to be adherred to in all cases of permits for developments within Shorelines of Statewide Significance. In any case where there is an apparent conflict between the policies and use-regulations of this Program and the policies for Shorelines of Statewide Significance, the policies for Shorelines of Statewide Significance shall apply. Whenever the circumstances of a permit application are so varied as to cause the policies for Shorelines of Statewide Significance to be of no value in the determination to deny or grant a permit, reference will be made to Chapter 90.58.020 RCW and applicable guidelines published by the Department pursuant to Chapter 90.58 RCW in making such a determin- ation. Pagev7 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION ONE GOALS AND POLICIES FOR SHORELINE ELEMENTS IN SPOKANE COUNTY ECONOMIC DEVELOPMENT ELEMENT Goal 1 : LIMIT ECONOMIC DEVELOPMENT IN SHORELINE AREAS TO THOSE ACTIVITIES WHICH DEPEND ON ACCESS TO WATER AND TO LOCATIONS WHICH ARE ENVIRONMENTALLY SUITABLE FOR DEVELOPMENT. Policy 1 . The location of economic development activities should be appropriate in relation to other land uses and the biophysical capabilities of the shorelines. Policy 2. Access and utilities should be• designed to protect the visual quality and water quality of the shoreline area. PUBLIC ACCESS ELEMENT Goal 2: PROVIDE REASONABLE AND ADEQUATE PUBLIC ACCESS, BOTH PHYSICAL AND VISUAL, TO THE PUBLICLY OWNED SHORELINES OF SPOKANE COUNTY WHILE PROVIDING FOR THE PROTECTION OF THE NATURAL ENVIRONMENT AND PRIVATE PROPERTY RIGHTS. Policy 1 . Visual access to water is an important public value and should be preserved and increased. Policy 2. Except for carefully designed access points, roads and vehicles should be kept as far from shorelines as feasible. Policy 3. Where access to the water's edge by motor vehicles is necessary, parking areas should be kept as far from the shorelines as possible. Policy 4. Access design and spacing of access points should be based on the biophysical capabilities of the shoreline features and should protect fragile shoreline elements. Goal 3: PROVIDE A SAFE, CONVENIENT CIRCULATION SYSTEM WHICH WILL MINIMIZE DISRUPTION TO THE SHORELINE ENVIRONMENT. Policy 1 . All circulation elements should be designed to minimize conflict between modes of travel, particularly between recrea- tion and through traffic, and between auto, bicycle, and foot traffic. Pa6e 18 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Policy 2. Circulation elements should be adapted to the biophysical capabilities of the shoreline area. Policy 3. Corridors for transportation and utiliites should be combined when possible. Policy 4. Motorized vehicular circulation systems should be located as far from the shoreline as physically feasible. Policy 5. Vehicular circulation facilities should be on the upland side of development whenever physically feasible. Policy 6. Bike paths, foot paths, and bridal paths should be encouraged. RECREATION ELEMENT Goal 4: INCREASE AND DIVERSIFY RECREATIONAL OPPORTUNITIES ON THE SHORELINES OF SPOKANE COUNTY. Policy 1 . Encourage appropriate public agencies to preserve shorelines for public use and to dedicate or transfer appropriate shoreline land for recreational uses. Policy 2. Both passive and active recreation should be encouraged for appropriate shorelines. Policy 3. Recreational uses should be consistent with the ability of the shoreline resources to support such uses. SHORELINE USE ELEMENT Goal 5: ASSURE THAT LAND USES IN THE SHORELINE AREA ARE EITHER WATER-DEPENDENT OR WATER-RELATED, AND ARE COMPATIBLE WITH ADJACENT LAND USES. Policy 1 . Shoreline uses should consider the environmental impact of their location and design. Policy 2. All existing and proposed development should be provided with a full range of utility services adequate to serve the proposal and protect against hazards to the public and the physical environment. Policy 3. Adverse changes to the existing shorelines and interference with the public's use of publicly owned water bodies and shoreline areas should be minimized or prevented. Pahe29 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H CONSERVATION ELEMENT Goal 6: PRESERVE FOR THE FUTURE THOSE RESOURCES, INCLUDING THE UNIQUE, FRAGILE AND SCENIC QUALITIES OF THE SHORE- LINE, WHICH CANNOT BE REPLACED, AND PROVIDE FOR THE CONSERVATION AND RESTORATION OF RENEWABLE RESOURCES. Policy 1. Open spaces and natural and semi-natural areas should be preserved. Policy 2. Scientific studies to identify the unique and fragile qualities of shoreline resources should be supported. Policy 3. Unique areas and fragile streams, swamps, and wetlands should be identified and designated for preservation. Policy 4. Public and private efforts to protect and provide for wild, aquatic and botanical life without interfering in existing activities or rights of private property should be encouraged and supported. HISTORICAL AND CULTURAL ELEMENT Goal 7: IDENTIFY, PROTECT., PRESERVE, ACQUIRE, AND RESTORE SHORELINE BUILDINGS OR SITES WHICH HAVE CULTURAL, HISTORIC, EDUCATIONAL, OR SCIENTIFIC VALUES. Policy 1 . Action should be taken to identify, preserve, and restore buildings, sites or areas which have cultural, historical, educational or scientific significance. Policy 2. Public acquisition through gifts, bequests, or donations of buildings or sites having cultural, scientific, educational, or historical value should be encouraged. Policy 3. Development on sites identified as having historical , cultural, or scientific value should include provisions for the protection or restoration thereof. Goals for Shorelines of Statewide Significance Goals: "Recognize and protect statewide interest over local interest. " R C W 90.58.020. 1 . Protect the primacy of the public interest in water bodies which belong to the public. On shorelines of statewide signi- ficance, protect the statewide, over local, interest. Pahe310 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H "Preserve the natural character of the shoreline." RCW 90.58.020. 2. Prevent the degradation of the physical features of the shore- lines and the quality of the water. "Result in long-term over short-term benefit." RCW 90.58.020. 3. In assessing the effects of proposals, give priority to long- term over short-term costs, economic, and others, and bene- fits, including the costs of environmental degradation. 'Protect the resources and ecology of shorelines." RCW 90.58.020. 4. Protect and enhance the natural physical features of shore- lines and the ecological interrelationships of natural features. "Increase public access to publicly owned areas of shorelines." RCW 90.58.020. 5. Improve and increase public access, including visual access, to publicly owned water bodies and shoreline areas without damage to private property rights. "Increase recreational opportunities for the public on the shore- lines." RCW 90.58.020. 6. Encourage the development of public and private recreational facilities to satisfy the public demand for water oriented recreation. Program Elements and Recommendations The Spokane County Shoreline Program includes a variety of goals and policies. Many of these can be implemented through careful application and administration of use-activity regulations which have been proposed as part of the Program. Other policies, such as those proposing scien- tific studies or those which seek to encourage identification, acquisition or private donation of land for recreation or for preservation of natural resources, cannot be implemented through regulations. Thus, a pro- gram component is provided. This is presented in the form of recom- mendations to the Spokane County Board of County Commissioners and its planning agencies. A. Land Use and Ownership Data which has been assembled for the Shoreline Inventory should be analyzed in detail, by segment of shoreline and by environ- ment, to identify environmental quality problems and to develop possible solutions to these problems which are consistent with private property rights. Pagle a1 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H B. Unique and Fragile Aspects of Natural Environments Studies must be undertaken, as soon as possible, to identify the unique and fragile aspects of the natural environments (flora, fauna, soils, geology, etc.) so that needed programs to guide development can be implemented. The gift, donation, dedication, or legal acquisition of shoreline areas for scientific study, conservation uses, or protection should be encouraged. C. Archaeological, Cultural, and Historic Sites and Phenomena A comprehensive survey of existing and potential archaeological, cultural, and historic sites, buildings, artifacts or other phenomena should be undertaken to supplement existing sources of information. The results of this survey should serve as the basis for preserva- tion and development programs. D. Recreation and Open Space Resources Inventory Means should be developed and applied for the acquisition of shoreline areas for recreational uses. The County should encourage and accept gifts, bequests, or other private donations of appropriate shoreline lands for public recrea- tional uses. A program to increase the public awareness of existing and poten- tial recreational uses and its responsibilities to maintain shoreline quality should be initiated in the context of comprehensive land-use planning. A priority rating system for the acquisition of shoreline areas having a variety of recreational values should be established. E. Scenic and Visual Survey and Analysis A visual survey of scenic qualities in Spokane County will provide a basis for planning visual improvements, such as viewpoints and outlooks in land use and circulation planning for the County. The presence of decrepit and deteriorated buildings or other structures or illegal dumping, determined through such a survey, can provide a basis for joint public and citizen action for environmental improve- ment. F. Flood Hazard Area Identification and Management Program A program to identify areas prone to flooding and to establish flood plain boundaries should be undertaken. The identification of such areas would be the basis for the development of a manage- ment program to prevent or reduce flood loss to private and public property, and to establish sound land-use management. Page i2 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H G. Wastewater Disposal Method A program should be developed, perhaps within the framework of the County Comprehensive Plan or by the Spokane County Health District, to require all new development in the shoreline area to include provisions for eventual convenient connection into publicly owned, operated and maintained wastewater collection, treatment and disposal facilities. H. Program Revision and Amendments To provide for continuing citizen involvement and continuity, the following procedure is recommended to the Board of County Com- missioners. After the Master Program is accepted by the Depart- ment of Ecology, the Shorelines Review Committee will be formed by the present Shorelines Citizens' Committee calling for volun- teers. At that time, the Shorelines Citizens' Advisory Committee will be dissolved. A year after its formation, and every year thereafter, a call will be made for new members by the Shorelines Review Committee. The primary function of the Committee is to review and make recommendations on any proposed changes to the Master Program before any final decision is made. In addition, once every three years, the Committee will review the Master Program in its entirety for the purpose of updating it. All meetings will be monthly and open to the public. Failure to attend three consecutive meetings will result in members being dropped. Officers will be elected annually, six months after yearly call for members. Officers of the original Shorelines Citizens' Advisory Committee will serve as officers of the Review Committee until the first election. Staff support will be furnished by the Spokane County Planning Department. Plans and Considerations for the Spokane County Comprehensive Plan The Spokane County Planning Department is undertaking a broad, multi-faceted, up-to-date comprehensive planning program. The follow- ing are proposals for considerations to be included in such planning. A. The Land Use Plan In the preparation of the land use plan, which will be part of the comprehensive plan, the studies of water quality, unique and fragile environments, archaeological and historical sites, and recrea- tion and visual resources should be considered in determining the appropriate uses in shoreline locations. In addition, the goals and policies of the Shoreline Program should be incorporated in land use planning programs. B. The Circulation Plan The goals and policies of the circulation element of the Shoreline Program and the policies and regulations for roads and railroad lines should be considered in the development of transportation plans for Spokane County. Page. ,3 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H C. Comprehensive Parks, Recreation and Open Space Plan Both the goals and policies of the recreation element of the Shore- line Program and the policies and standards of recreation as a use-activity should be given prime consideration in recreation planning. D. Detailed Design Studies Detailed design studies are needed for shoreline areas to provide a basis for improvements and to develop performance standards in guiding private development. • Pag6-1 1 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION TWO SHORELINE MANAGEMENT AREAS In order to plan and effectively manage shoreline resources, a system has been used categorizing shoreline areas in the preparation of this Program. The system is designed to provide a uniform basis for apply- ing policies and use-regulations within distinctively different shoreline areas. To accomplish this, the management designation given specific areas is based on the existing development pattern, the biophysical capabilities and limitations of the shoreline area to be considered for development, and the goals and aspirations of local citizenry of Spokane County. The shoreline classification system classified shorelines into five distinct management areas (Natural, Pastoral, Conservancy, Rural, and Urban) which provide the framework for implementing shoreline policies and regulatory measures. This system is designed to encourage uses in each management area which will enhance the character of that environment. At the same time, local government may place reasonable standards, restrictions, and prohibitions on development so that such development does not disrupt or destroy the character of the area. The basic intent of this system is to utilize performance standards which regulate use-activities in accordance with goals and objectives defined locally. Thus, the particular uses or types of developments placed in each area must be designed and located so that there are no effects detrimental to achieving the objectives of the management area and local development criteria. The management objectives and features which characterize each of the environments are given below to provide a basis for shoreline manage- ment designations within Spokane County. The area designations are intended to serve as broad management areas and are not to be administered as zoning districts along the County's shorelines. The management areas are as follows: The Natural Area Designation The Natural Area is intended to preserve, maintain, or restore those natural resource systems existing relatively free from human activities, and those shoreline areas possessing natural characteristics intolerant of human use or of historical and cultural significance. Uses which will contribute to the preservation of such areas or enjoyment of such areas by the public are to be encouraged, while those use-activities which degrade the natural or cultural aspects of the area or are inappropriate would be discouraged, severely restricted, or prohibited. Agricultural activities are permitted in shoreline areas designated Natural provided that the operations do not have a harmful ecological impact, and that no extensive clearing construction or other operations that would change the natural character of the area are necessary. Paz,15 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Those areas most appropriate for designation in the Natural Area possess 1) natural features which are not suitable for substantial developments due to the natural hazards or physical inaccessibility, 2) natural features which are culturally unique or interesting, 3) biological systems which are intolerant of intensive use and critical to the continuing function and maintenance of larger ecological systems, and 4) those areas which should be restored because of any of the above criteria. The Pastoral Area Designation The Pastoral area is intended to protect and maintain those shorelines which have historically been subject to limited human interference and have preserved their natural quality as wildlife habitat and places of scenic beauty. These areas are appropriate for passive agricultural and recreational uses. Areas most appropriate are 1) open spaces used for livestock grazing and havesting of noncultivated crops, 2) shorelines which have physical limitations which would preclude permanent struc- tures, such as floodplains, meandering streamways, cliffs, and steep slope areas subject to landslides, and 3) wildlife habitats and areas of beauty whose ecological systems will only tolerate limited human inter- ference. Because the areas are not suited for permanent structures, they are valued wildlife areas which provide for grazing and "wild hay" for dispersed-use outdoor recreation. Management of the area should be designed to prevent the loss or reduction of the wetland area and to restrict development from hazardous areas. The Conservancy Area Designation The Conservancy Area is designated in Spokane County for the purpose of maintaining the existing character of shoreline resources while pro- viding for nonintensive uses. Those uses that are preferred in the Conservancy Area are those which may utilize the natural resources on a sustained-yield basis. These uses include passive agricultural activ- ity, timber harvesting on a sustained yield basis, and diffuse outdoor recreation. The Conservancy Area is designated to protect agricultural land from encroachment by urban uses while providing for recreation wherever recreation will not interfere with agricultural practices. Nonpermanent kinds of structures and uses which will not reduce the quantity or quality of the physical and biological resources of the area are to be given priority in the Conservancy Area. The Conservancy Area is intended to prohibit intensive use of areas having physical hazards, severe biophysical limitations which would not be appropriate for rural or urban uses, areas prone to flooding, and areas which cannot provide adequate water supply or sewage disposal for intensive activities. The Rural Area Designation The Rural Area is presently used for agricultural, recreational and low density suburban types of development, and/or has the potential of becoming prime farmland. Page_l,6 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The purpose of designating the Rural Area in Spokane County is to protect agricultural land from urban expansion, and to provide for extensive and intensive recreational uses where these recreational uses do not conflict with agricultural practices. This environment is des- ignated to preserve shorelines most suitable for agricultural uses and recreational pursuits. Urban and low-density suburban expansion in the future is not intended for the Rural Area even though some areas presently containing characteristically suburban developments may be contained within areas designated as Rural Areas. The Urban Area Designation The Urban Area designation is intended to accommodate compatible water-dependent and water-oriented uses in shoreline areas. The Urban Area is to be managed so that shoreline developments will enhance and maintain the shoreline for a multiplicity of uses. The Urban Area is designated in Spokane County to encourage the redevelopment of existing urban areas and to control the expansion of urban uses in characteristically rural areas of the County. Those urban uses which are water-dependent and can provide visual and/or safe access to the waterfront are to be given priority for shoreline locations. A map generally defining the boundaries of the area designations is available at the Spokane County Planning Department. Detailed maps with more specifically defined boundaries are on file at the Planning Department. Pag2-137 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Paga-1E of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION THREE POLICIES FOR SHORELINE USE ACTIVITIES This section contains policies for the local regulation of use-activities on Spokane County Shorelines. Each use-activity, representing a specific use or group of uses, is broadly defined, along with an explanation of the impact of the use on the shoreline area, and is followed by several policies. The definitions are not intended as all-encompassing legal definitions, but rather to indicate the general scope of policies. These policies represent the criteria upon which judgments of proposed shore- line developments will be based. They are intended to provide the basis for the regulation of such uses in Section Four. They were developed with careful consideration of existing local plans and pro- grams and are consistent with State Guidelines. There are several policies for activities which do not require substantial development permits; for example, the suggestion that a buffer or per- manent vegetation be maintained along water bodies in agricultural areas. While such activities generally cannot be regulated through the permit system, it is intended that they be dealt with in the Spokane County Program in a manner consistent with the policy and intent of the Shoreline Act. Finally, these policies were developed with careful consideration of existing local plans and programs and are consistent with State Guidelines. 1 . AGRICULTURAL Agricultural includes the tilling of soil to produce crops, practices required to eliminate weeds and insect pests, fertilization, soil con- servation, and the raising of animals for food, which involves grazing, feeding, storage, and elimination of wastes. Many of these practices require the use of agricultural chemicals, most of which are water soluble and may wash into contiguous land or water areas causing degradation of water quality and significant alteration and damage to plant and animal habitats, especially those in the fragile shoreline areas. Also, large quantities of mineral and organic sediments enter water bodies through surface erosion when proper land management techniques are not utilized. Agriculture is to be protected and encour- aged as a priority use in all shoreline areas. NOTE: Shoreline permits are not required for barns or other similar structures if under 35 feet in height. All Management Areas Policy 1 . Adequate buffer areas of permanent vegetation are to be maintained back from the ordinary high-water mark to protect against shoreline erosion and to reduce the amount of silt, soil, nutrients, and pollutants entering the water from agri- cultural runoff. Pace. 9 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Policy 2. Agricultural practices shall adhere to U.S. Environmental Protection Agency regulations governing point and nonpoint discharges under the Federal Water Quality Act of 1972. The Natural Area Policy 1. Agricultural activities shall be permitted in shoreline areas designated Natural provided that the operations do not have a harmful ecological impact, and that no extensive clearing, construction, or other operation that would change the natural character of the area is necessary. 2. AQUACULTURE Aquaculture is the culture or farming of food fish, shellfish, or other aquatic plants or animals. Potential locations for aquacultural enter- prises in Spokane County are limited -due to their specific requirements for water quality, temperature, etc. The Natural Area, The Pastoral Area Policy 1. Aquaculture shall be prohibited. The Conservancy Area, The Rural Area, The Urban Area Policy 1 . Aquaculture may be permitted, but only where it will not: a. Substantially interfere with navigation. b. Adversely affect water quality or water rights of others. c. Adversely affect the visual quality of the shoreline or water areas. d. Adversely affect soils, vegetation, and other natural features of the area. 3. FOREST MANAGEMENT PRACTICES Forest management practices are those methods used in protecting, producing, and harvesting timber. Trees are needed along water bodies to provide shade which regulates water temperature, prevents oxygen loss, and protects marine life as well as providing aesthetic qualities. The Natural Areas The Pastoral Area Policy 1 . Developments associated with logging operations shall be prohibited. The Conservancy Area, The Rural Area, The Urban Area Policy 1 . Roads should be located on stable soils and constructed in such a manner as to cause no erosion into waterways. Page X20 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H a. During construction, all possible measures should be taken to prevent erosion and damage to the shoreline. b. Roads shall be adequately maintained to prevent water quality degradation. Policy 2. Timber harvesting shall be conducted in such a manner as to maintain forest productivity, water quality, and fish and wildlife habitat. a. During harvesting, the operator must provide for soil stabilization and water quality maintenance by selective cutting, protection of brush and ground cover, the use of buffer strips, measures recommended by the local Soil Conservation District, or other measures aimed at main- taining adequate vegetation along the shoreline to pre- vent erosion and degradation of water quality. b. After harvesting, the operator will remove all waste resulting from his operations (e.g. , oil, filter, con- tainers, machine parts, tires, etc. ). c. After harvesting, measures shall be taken by the operator to stabilize areas that are susceptible to erosion as a result of logging and that conform with soil conservation specifications. d. All slash debris must be either removed or burned. Such debris must not be permitted to enter into water- ways and interfere with the regeneration of forest vege- tation. Policy 3. That portion of a shoreline management area not left as a buffer strip shall be reforested in compliance with the Washington State Forest Practices regulations and any future amendments to the Forestry Practices Act, and U.S. Environ- mental Protection Agency regulations for silviculture. Policy 4. Clearcutting shall be prohibited. 4. COMMERCIAL DEVELOPMENT Commercial development includes wholesale and retail trade or business- es or professions and accessory activities such as services, storage, and parking. They may occupy open land, or stores, or office build- ings, or any combination of these. As a general policy, commercial development in the Rural Area must demonstrate that a location in an Urban Area is not a feasible alternative. Pagy 231 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Natural Area, The Pastoral Area Policy 1 . Commercial development shall be prohibited. The Conservancy Area Policy 2. Commercial development may be permitted in the Conservancy Area only when associated with a water-dependent public or private recreational development. Conditions shall require: a. Only that portion of the commercial activity which re- quires direct access to water be permitted within 50 feet of the high-water mark. b. Protection of scenic quality and water quality. c. Public access to publicly-owned waterfront areas. d. Height limitations to protect the scenic views of the water and from the water. e. Parking areas should be located upland of the structures they serve. The Rural Area Policy 1 . Same as that for Conservancy Area. Policy 2. Commercial development which serves other purposes than recreation may be permitted in a Rural Area as a con- ditional use if it can be demonstrated that location in an Urban Area is not a feasible alternative and provided that the development is at least 50 feet from the high-water mark. The Urban Area Policy 1 . Commercial development which is dependent on water or serves water-dependent uses or recreational uses will be given priority for shoreline locations where other commercial development already exists. Policy 2. Non-water-related commercial development may be permitted provided it is located in or adjacent to established commercial development. 5. MARINAS Marinas are facilities for moorage, sales, launching, renting, and stor- age of pleasure crafts with backup parking, fuel, food, refreshments, and other incidental services which contribute to the recreational use of water bodies. Due to their intensive use, marinas should be designed and located where there is minimal impact on water quality, aquatic life, and the visual character and appearance of the shoreline. Pade4k2 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Natural Area, The Pastoral Area, The Conservancy Area Policy 1. Marinas are prohibited. The Rural Area, The Urban Area Policy 1. Marinas may be permitted where they conform to requirements which protect water quality, aquatic life, navigation, scenic quality, and the natural features of the area. 5. MINING Mining is the extraction and removal of sand, gravel, minerals, or other naturally occurring material from the earth for economic use. Mining in shoreline areas can cause erosion and siltation which destroys marine Iife. The Natural Area, The Pastoral Area, The Conservancy Area Policy 1. Mining is prohibited. The Rural Area, The Urban Area Policy 1 . Mining may be permitted provided the following conditions are met: a. Provisions are made to maintain unique natural, fragile shoreline areas or areas of historical, cultural, or ed- ucational significance adjacent to mining sites. b. Plans for the restoration and enhancement of land areas are available prior to commencing operations and estab- lished limitations are set. c. Surface runoff and siltation will not be allowed to enter surface waters. d. Cleaning, sorting, separating, loading, and storage operations are conducted as far from the high water mark as necessary to comply with the above provisions. Policy 2. Gravel removal from stream beds will not be permitted. 7. SIGNS AND OUTDOOR ADVERTISING Signs are public displays whose purpose is to provide information, direction, or advertising. Outdoor advertising (billboards) are large standardized signs whose message is changed according to periodic leases. Off-premise signs are commercial signs located on property other than the property where the advertised business is located. Signs are usually placed in visually conspicuous settings and may obstruct scenic views. Pag _ 3 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Natural Area, The Pastoral Area Policy 1 . Outdoor advertising signs shall be prohibited. Policy 2. Other off-premises signs shall be limited to those required to protect the health, safety, and general welfare. Policy 3. On-premises business identification signs shall be regulated so as to protect the visual quality of the area. The Conservancy Area, The Rural Area Policy 1 . Off-premises signs shall be limited to directional signs. Policy 2. An existing or permitted business may have an on- premises business identification sign no larger than 20 square feet, facing away from the shoreline and within the perimeter of the face of the building. Policy 3. Other off-premises signs shall be limited to those required to protect the health, safety, and general welfare. Policy 4. On-premises business identification signs shall be regulated so as to protect the visual quality of the area. The Urban Area Policy 1 . Off-premises commercial advertising signs and billboards Shall only be permitted in "freeway commercial", "commercial", and "manufacturing" zones and along designated major thorough- fares, in accordance with the Spokane County Zoning Ordin- ance. Policy 2. All advertising and commercial directional signs and bill- boards shall be located on the upland side of roads, thorough- fares and freeways. Policy 3. Off-premises business signs shall be regulated to protect the scenic views of the area. Policy 4. On-premises business signs not required to be seen by waterborne traffic shall not be visible from the water. 8. RESIDENTIAL DEVELOPMENT Residential development includes any building for residential purposes, including single-family, multifamily, "cluster" development or "planned unit development," and any subdivision of the land for sale or lease (as defined in the Spokane County Subdivision Ordinance or applicable State regulations). These policies apply to residential development to include the prevention of erosion, protection of visual quality, develop- ment of associated uses, and maintenance of water quality. Single- family residences on individual lots, while themselves exempted from the requirements of a substantial development permit by Section 8, Regula- tions for Residential Development, are required to meet the policies and regulations of this Program. Page-64 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Natural Area, The Pastoral Area, The Conservancy Area Policy 1 . Except for a single-family residence constructed by an owner, purchaser, or lessee of land for his own use, residen- tial development shall be prohibited. Policy 2. Residential development subdivisions may be permitted provided that the portion of the subdivision within the shore- line area is dedicated to its existing state or recreational uses. Policy 3. Residential subdivisions shall contain provisions to assure that residential structures are not placed in the shore- line area. The Rural Area, The Urban Area Policy 1 . Residential developments should maintain the rural open space character. Policy 2. Residential structures should be kept as far as possible from the water's edge. Policy 3. Residential density, site coverage, and occupancy shall be compatible with the biophysical capabilities of the shoreline area. Policy 4. Consideration should be given to planned unit developments which cluster development and leave the waterfront area free of structures. Policy 5. Residential developments should be served by community or municipal water, and wastewater facilities. Policy 6. Developers shall provide adequate provisions to protect water quality during and after construction by providing for the protection of vegetation and ground cover and an ade- quate storm-water drainage system. Policy 7. Residential developments shall be designed to protect the aesthetic character of the shoreline area and cause as little disruption as possible to vegetation, ground cover, and wildlife. 9. UTILITIES Utilities produce or convey electric energy, communications, natural gas, water, wastewater, petroleum products, and other commodities. Certain classes of utilities are needed for almost any kind of develop- ment which may be allowed in a shoreline area; certain others need only traverse a shoreline area under limited circumstances, and some need not be located in, or traverse, any shoreline area. Options, potential and technology exist for the routing and construction of most utilities so that the aesthetic qualities of all shoreline areas are not degraded white, at the same time, the necessary services can be provided under reasonable conditions. Pagis_276 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Natural Area Policy 1 . Utilities may be permitted to serve requirements of allowed developments and facilities. Requirements shall be imposed to prevent degradation, by any utilities, of the environmental quality of the Natural Area. Policy 2. All utilities shall be installed underground. Policy 3. Wastewater treatment and disposal facilities should be located outside the Natural Area except for individual facilities to serve the needs of a single-family residence or a public park. The facilities should be installed so as to prevent degradation of the shoreline area, surface waters and ground water. The Pastoral Area, The Conservancy Area, The Rural Area, The Urban Area Policy 1 . Transmission lines, for the long-distance transmission of electric energy and other commodities, may be routed through a shoreline area only when necessary to reach the final destin- ation of the transmission line. Policy 2. Terminal facilities related to transmission lines shall not be located in any shoreline area. Policy 3. All utilities shall be installed underground except that electric transmission lines may be overhead and except that other electric and communication cables may cross streams by overhead construction. Policy 4. Pipeline bridges are not permitted. Policy 5. Utilities may be permitted to serve requirements of allowed developments and facilities. Requirements shall be imposed to prevent degradation by any utilities of the envi- ronmental quality of shoreline areas. Policy 6. Publicly owned wastewater treatment and disposal facilities may be permitted to be located within a shoreline area, provided: a) Compelling reasons exist for the specific site selection; b) Positive measures prevent these facilities from degrading the shoreline area with odors, noise, and visual detrac- tion; c) Subsurface disposal of wastewater is prevented; d) Facilities do not obstruct or impede the flow of flood- waters; and Pac, g6 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H e) Facilities are designed so that, if flooding of them should occur, they are protected from damage and will continue to function. Policy 7. Privately owned wastewater treatment and disposal facilities may be permitted to be located within the shoreline area provided: a) They (1) are designed and constructed with detailed review, approval, and inspection by the government agency (the County, a water district, an irrigation district, or the like), by which those facilities ultimately will be taken over for operation and maintenance, and (2) all of the requirements of Policy 6 are met; or b) They serve the needs of a single-family residence or of a public park, and they are installed so as to prevent degradation of the shoreline area, surface waters, and groundwater. 10. WATER-RELATED INDUSTRY Water-related industries are those requiring water transportation or those which seek the advantage of water transportation as an alter- native to other modes, and those which use or recycle large quantities of water. The Natural Areal The Pastoral Area, The Conservancy Area Policy 1 . Industrial development is prohibited. The Rural Area Policy 1 . Water-dependent or water-related industrial development may be permitted provided the following conditions are met: a) Large distances from urban centers are required for safety. b) There is a need to disperse industrial sites to achieve established water quality standards. c) Alternative locations in an urban area are not available. d) The open space, rural character of the Rural Area can be maintained. The Urban Area Policy 1 . Water-dependent or water-related industrial uses will be given priority for location in urban shoreline areas pro- vided: Paw-07 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H a) The industrial use is located where other industrial development has previously occurred or presently exists. b) The water-dependent portion of its development is clus- tered along the shoreline, and ail facilities not requiring a water's edge location are placed inland as far as possible. c) The industry is located with other compatible uses or activities. d) Vegetation is established and maintained along the shore- line to prevent erosion and to improve the visual appear- ance of the shoreline. 11 . SOLID WASTE DISPOSAL Generally, solid waste disposal of waste materials, including garbage, rubbish, ashes, and industrial waste, is inappropriate in shoreline areas. The disposal of garbage, trash, or other materials is subject to State approval of a Solid Waste Management Program. The Program for Spo- kane County indicates a problem with widespread unauthorized and illegal dumping of solid wastes. This Program plan does not allow solid waste disposal in shoreline areas, with the exception of a transfer station in the urban area. All Shoreline Areas Policy 1 . Solid waste disposal shall be prohibited. Policy 2. No solid waste facilities or activities shall be located in a shoreline area. 12. ROADS, RAILROADS AND BRIDGES A road is a linear passageway for motor vehicles. A railroad is a linear passageway with tracks for train traffic. A bridge is a publicly or privately owned structure, including supports in and out of the water, which is an extension or part of a roadway or railway, or may be solely for pedestrian, equestrian or bicycle traffic, to provide a crossing over a stream or a lake, or over or through a portion of a shoreline area where conventional road or railroad construction is not possible or desirable. The existence or construction of roads, railroads and bridges can limit public access to public shoreline areas, and to streams and lakes can impair the visual quality of shoreline areas, can expose shoreline areas to erosion, can create water polluting runoff from shore- line and adjoining areas, and can impede the necessary and natural flows of floodwaters. Pa4e 1213 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H All Areas Policy 1 . Existing public access to public areas and uses of the shorelines, streams and lakes shall not be reduced or eliminated. The Natural Area Policy 1. New roads shall be prohibited except for access to allowed activities. Policy 2. Railroads shall be prohibited. Policy 3. Bridge crossings of streams and lakes and related approach roads and the widening of existing roads from two to more than two lanes for traffic shall be prohibited. The Pastoral Area, The Conservancy Area Policy 1 . New roads shall be prohibited except: a) For access to allowed activities, or for bridge approaches; b) For scenic roads in State and County parks; and c) Where a routing through a Shoreline Area is demon- strated to be a more desirable choice than a routing through an adjacent land area. Policy 2. Bridge crossings of streams and lakes and related approach roads and the widening of existing roads from two to more than two lanes for traffic may be permitted where they are parts of approved County and State road master plans. Policy 3. Private bridges shall be prohibited except where needed for access to isolated private property. Where permitted, private bridges should provide for free passage of flood- waters, for safety, for adequate structural standards, and for aesthetic considerations. Policy 4. Landfills and end abutments for bridges shall not signifi- cantly impede the flow of floodwaters, and the accumulation of debris upstream of the bridge crossing of a stream should be prevented by the design of the landfills and end abutments. Policy 5. Railroads shall be prohibited and the expansion of existing railroads should be prohibited. Page pp of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Rural Area, The Urban Area Policy 1 . Bridge crossings of streams and lakes and related approach roads and the widening of existing roads from two to more than two lanes of traffic may be permitted where they are parts of approved County and State road master plans. Policy 2. Private bridges should be prohibited except where needed for access to isolated private property. Where per- mitted, private bridges should provide for free passage of floodwaters, for safety, for adequate structural standards, and for aesthetic considerations. Policy 3. Landfills and end abutments for bridges should not significantly impede the flow of floodwaters, and the accumu- lation of debris upstream of the bridge crossing of a stream should be prevented by the design of the landfills and end abutments. 13. ARCHAEOLOGICAL AREAS AND HISTORICAL SITES Because of man's early need for water sites for domestic water supply and transportation, archaeological areas, such as ancient villages, old settlers' homes, towns, and trails, are often located on or along shore- lines. Since they are a nonrenewable resource and a critical educa- tional link with the past, such sites should be preserved. All Shoreline Areas Policy 1 . In accordance with the goals and policies of the historical and cultural element of the Spokane County Shore- line Management Program, the highest priority will be given to the identification, designation, acquisition, preservation, and improvement (for public use and education) of archaeolo- gical and cultural sites and historical sites or buildings. Policy 2. Where archaeological, cultural, or historical sites, buildings, or phenomena are identified, development will be limited to preserve the historical value of the site or arti- facts. Policy 3. All shoreline development permits will contain provisions for developers to notify the County and the State Parks and Recreation Commission when historical phenomena or artifacts are uncovered during any excavation. Policy 4. Development and improvement of archaeological, cultural, or historical sites or buildings will preserve the natural environment and visual quality of its surroundings. Page13J of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 14. RECREATION Recreation is the pursuit of play, amusement, or relaxation for the refreshment of body and mind, in either passive or active forms. The Natural Area, The Pastoral Area, The Conservancy Area Policy 1. Only passive recreational uses are permitted. Policy 2. The design and development of recreational areas, whether public or private, shall protect and preserve the natural features of the land and its vegetation and the quality of the water for recreational use and natural habitat. Policy 3. The scenic quality of the area, both views of the water and from the water, must be preserved or enhanced to the maximum possible extent. The Rural Areal The Urban Area Policy 1. Priority should be given to those use activities which incorporate or provide public recreation and public access along shorelines and within shoreline areas. Policy 2. Scenic views shall be preserved or enhanced. Policy 3. Parking and auto traffic must be located outside or minimized in the shoreline area. Policy 4. Recreational facilities shall be planned to meet future needs but shall be developed so as not to damage natural land areas, vegetation water quality, or visual amenities of the area and shall be compatible with surrounding land uses. 15. LANDFILL Landfill is the extension of dry land into the shoreline area or the water by the deposit of sand, soil, gravel, rock, or other materials. As illustrated in the Lake Chelan case (Wilbur vs Gallagher), landfill diminishes the public waters which belong to all the citizens. Where it occurs in shallow areas of rooted vegetation, it also reduces the habitat of fish and wildlife for shelter and breeding. Landfill also alters or constricts the flow of the stream which influences shorelines above and below the landfill. For these reasons, landfill must be limited to purposes of great public necessity and to those areas where environ- mental impacts will be negligible. The Natural Area, The Pastoral Area Policy 1 . Landfill is prohibited except for necessary bridge approaches or to save or protect unusual or outstanding natural or cultural features. Papl$1 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The Conservancy Area, The Rural Area, The Urban Area Policy 1 . Landfill may be permitted only for water-dependent or water-related uses where the public interest will be served, such as landfill for beach improvement, recreation areas, and where adverse effects are minimal. In addition: a) The fill must be compatible with adjacent land uses and activities. b) Landfill shall not adversely affect water quality. c) Every effort shall be made to reduce possible impacts on fish and other aquatic life and their habitats. d) Every effort shall be made to protect or restore aquatic life by stabilizing fill with natural vegetation, approved protective structures and other management efforts. Policy 2. Landfill for residential or other purposes shall not be placed in an area prone to flooding or in areas which have a history of flooding. Policy 3. Except for landfills permitted in Policy 1 above, landfill shall not be placed so as to extend below the high-water mark of any water body. 16. DREDGING Dredging is the removal of sediment, earth, or gravel from the bottom of a body of water, either for the deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood control. Dredging can cause the loss of aquatic plants or animals by removing them or their habitat, changing the nutrient or oxygen content of the water, or causing the suspension of toxic (poisonous) materials from the sediment. The Natural Area, The Pastorial Area Policy 1 . Dredging may be conditionally permitted where necessary for the preservation, maintenance, or restoration of the natural qualities inherent to a waterway. Policy 2. Dumping of dredge spoils in shoreline areas is prohibited. The Conservancy Area, The Rural Area, The Urban Area Policy 1 . Dredging shall be limited to public purposes such as navigation or recreation. Policy 2. Dredging to obtain fill or construction materials is pro- hibited. P4el33 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Policy 3. Dumping of dredge spoils in shoreline areas is prohibited. 17. BULKHEADS Bulkheads are structures erected parallel to and landward of the high- water mark to stabilize land at the water's edge and prevent erosion. Where permitted, bulkheads must be constructed so as not to increase the scouring or erosion of other nearby shorelines. Normal protective bulkheads common to single-family structures, or which do not materially interfere with the public use of the water, are exempt from the shoreline permit system. The following policies apply to the construction of bulkheads. Propo- sals for landfill must also comply with the policies and regulations for that specific activity. The Natural Area, The Pastoral Area, The Conservancy Area Policy 1 . Bulkheads are not permitted, except as otherwise provided for by shoreline protection policies, and no bulkhead shall extend beyond the ordinary high-water mark. The Rural Area, The Urban Area Policy 1 . Bulkheads are not permitted in natural bogs, swamps, or marshes. Policy 2. In other areas, bulkheads will be permitted for the following purposes, if constructed to avoid environmental and visual damage to the shoreline and if more natural means of protection (i.e. , land sloping and vegetation) are not feasible: a) To protect water quality or aquatic life. b) To provide public recreation areas. c) To provide access to shoreline areas if no other means is available. Policy 3. Bulkheads may be permitted for erosion control as a protective measure in areas which do not have a history of flooding. Policy 4. The construction of bulkheads to protect lowlands with a history of flooding shall be prohibited. Policy 5. Bulkheads shall not extend beyond the ordinary high- water mark. Page 13§ of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 18. PIERS AND DOCKS A pier or dock is a structure built over, or floating upon, the water used as a landing place for water transport or for recreational pur- poses. While floating docks generally create less of a visual impact than those on piling, they constitute an impediment to boat traffic and shoreline trolling. Floating docks can also alter beach sand patterns in areas where current drifts are significant. On lakes, a proliferation of piers along the shore can have the effect of substantially reducing the usable water surface. The Shoreline Management Act exempts docks from the Shoreline Permit system if the cost of the pier or dock is less than $2,500 and is de- signed for pleasure craft only for the private noncommercial use of the owner, lessee, or contract purchaser of a single-fatuity residence. The Natural Area, The Pastoral Area Policy 1 . Piers and docks are not permitted. Where moorage is needed for recreational or educational activities, floating buoys should be used for moorage to minimize impact. The Conservancy Area Policy 1 . Piers and docks are to be limited to those needed for recreational or educational activities, or other public pur- poses. The adverse effect of piers on aquatic life, navigation and usable water surface must be considered. The Rural Area Policy 1 . Piers and docks may be permitted for recreational purposes, for public access to pleasure boats, and for private boat moorage. Policy 2. The sharing of piers and docks by adjoining property owners or community groups shall be encouraged over piers and docks of individual property owners. The Urban Area Policy 1 . Piers and docks may be permitted when needed for recreation, for access to pleasure craft, for commercial or industrial access to water or other legitimate purposes related to water-related industrial, commercial, or residential uses in the area. Policy 2. The number and type of piers and docks permitted shall be regulated to protect navigation, the quality of water, and the natural and visual quality of the shoreline environment. PAel of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 19. SHORELINE PROTECTION Flood protection structures, such as dikes, and streambank-modification structures, such as riprap or bulkheads, are designed to provide flood protection and reduce or eliminate erosion of streambanks. Bank stabi- lization structures must protect the natural character of the stream and absolutely avoid the need for channelization of the stream or the erosion of other stream banks. All Shoreline Areas Policy 1. Bank and inland stabilization programs using natural vegetative systems for bank protection shall be the preferred method used. Policy 3. Diking for flood damage prevention shall be of the cord design in meandering rivers and shall be designed to avoid the need for stream channelization. Policy 4. Bank dumping and junk revetment shall be prohibited. Pa, el 45 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION FOUR USE REGULATIONS SECTION I . PREAMBLE 1 .1 Authority The regulations are promulgated under the authority of and pursuant to the requirements of Chapter 90.58 RCW, the Shoreline Management Act of 1971. 1 .2 Purpose The purpose of these regulations is to: a) Provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses of the shorelines, b) Ensure the development of the shorelines in a manner which, while allowing for the limited reduction of the rights of the public in the navigable waters, will promote and enhance the public interests, c) Provide protection against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the State and their aquatic life, while protecting, generally, public rights of navigation and corollary rights incidental thereto. It is the further purpose of these regulations to preserve, to the greatest extent feasible, consistent with the overall best interest of the State and its people, the public's opportunity to enjoy the physical and aesthetic qualities of the shorelines of the State. SECTION I1 . APPLICATIONS AND EXEMPTIONS 2.1 Application - Developments These regulations shall apply to any proposed development, to any extension or enlargement of any existing building or use of land in shoreline areas, and to any subdivision of land, any portion of which includes land in a shoreline area. No development shall be undertaken on shorelines of the State except those that are consistent with the policy of RCW 90.58, the Spokane County Shoreline Management Pro- gram, and these regulations. Further, no substantial development shall be undertaken on the shorelines of the County without first obtaining a permit. Pa*-36 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2.2 Application - Shoreline Areas These regulations shall apply to all water areas, submerged land, associated marshes, bogs, swamps, floodways, river deltas and flood plains, and all lands within 200 feet of the ordinary high-water mark of the following, as provided in Chapter 90.58.030 RCW: A. Shorelines of Statewide significance, including: 1 . Newman Lake 2. Hangman Creek or From the Whitman-Spokane County Latah Creek line (Sec 32, T21N, R45E) down- stream to mouth on Spokane River (Sec 14, T25N, R42E). This stream has 300 square miles of drainage area ending at unnamed tributary (Sec. 13, T23N, R43E) upstream from Rock Creek. 3. Little Spokane River From the Pend Oreille County line (Sec 3, T29N, R44E) downstream (excluding all federal lands) to mouth at the Spokane River and Stevens County line (Sec 32, T27N, R42E). This stream has a 300 square mile drainage area ending at mouth of Deer Creek (Sec 34, T28N, R43E). 4. Spokane River including From the Washington-Idaho border Spokane Dam impoundment, (Sec 6, T25N, R45E) downstream to including Upper Falls Spokane-Stevens County line, along impoundment, Nine Mile said County line to the Lincoln impoundment, and Lake County line (Sec 19, T27N, R40E) Spokane Dam impoundment excluding all federal lands. The flow is 200 cfs MAF and has 300 square miles of drainage area at Washington-Idaho border. B. Shorelines of the State, including: 1 _ Deadman Creek From the confluence of Deadman Creek and two unnamed creeks (Sec 1 , T26N, R43E) downstream to mouth at Spokane River (Sec 33, T27N, R43E). 2. Dragoon Creek From the confluence of Dragoon Creek and West Branch of the Dragoon Creek (Sec 22, T28N, R42E) downstream to mouth at the Little Spokane River (Sec 4, T27N, R43E). Page 7 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 3. Little Spokane River From the Pend Oreille County line (West Branch) (Sec 35, T29N, R43E) downstream through Eloika Lake to mouth at Little Spokane River (Sec 26, same township). 4. Pine Creek From Whitman County line (Sec 34, T21N, R43E) downstream back to Whitman County line (Sec 31, same township). 5. Rock Creek From the confluence of Rock Creek and Rose Creek (Sec 34, T23N, R45E) downstream to mouth at Latah Creek (Sec 11 , T23N, R43E). 6. Fishtrap Lake 7. Downs Lake 8. Unnamed Lake T21N, R40E, Sec 7B/C 9. Williams Lake 10. Feustal Lake 11 . Badger Lake 12. Unnamed Lake T21N, R41E, Sec 30-P 13. Bonnie Lake 14. Unnamed Lake T22N, R40E, Sec 6F/L 15. Alkali Lake 16. Hog Lake 17. Mason Lake 18. Amber Lake 19. Unnamed Lake T2214, R41E, Sec 16L/P 20. Unnamed Lake T22N, R41E, Sec 27J 21 . Unnamed Lake T22N, R41E, Sec 32-KQ 22. Chapman Lake 23. Unnamed Lake T22N, R41E, Sec 36-P1Q 24. PhiIleo Lake Page of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 25. Fish Lake 26. Unnamed Lake T23N, R42E, Sec 14, NW! 27. Intermittent Lake T23N, R42E, Sec 22-N 28. Intermittent Lake T23N, R42E, Sec 27-C 29. Intermittent Lake T23N, R42E, Sec 35-G/H 30. West Medical Lake 31. Unnamed Lake T24N, R40E, Sec 21-J/R 32. Lonelyville Lake 33. Silver Lake 34. Medical Lake 35. Otter Lake 36. Ring Lake 37. Granite Lake 38. Willow Lake 39. Meadow Lake 40. Clear Lake 41 . Queen Lucas Lake 42. Shelley Lake 43. Liberty Lake 44. Horseshoe Lake 45. Woods Lake 46. Knight Lake 47. Bear Lake 48. Dragoon Lake 49. Eloika Lake 50. Reflection Lake Paae439 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION HI . SHORELINE MANAGEMENT AREAS Shoreline areas and designations of shorelines in Spokane County shall be as follows: 3.1 Areas Shoreline areas are delineated on the map attached hereto and hereby incorporated as a part of this Program. The official detailed map from which the permit system will be administered shall be located at the Spokane County Planning Department office. 3.2 Additional Criteria The criteria listed here shall apply. In determining the management area designation for a specific location or property, the following three criteria shall prevail over the map: 1) All shoreline areas within subdivisions or plats receiving prelimin- ary approval by December 31, 1974, shall be designated to the Rural Area where such properties have not been designated Urban or Rural on the map. 2) All commercial resorts existing on December 31, 1974, shall be designated Urban or Rural on the map. 3) All existing publicly owned parks and recreation areas are desig- nated Conservancy, except where the Program specifically -desig- nates such area to another management area. SECTION IV. CRITERIA AND OBJECTIVES FOR SHORELINE MANAGE- MENT AREAS 4.1 The Natural Area Criteria: The Natural Area is distinguished by the presence of unique natural or cultural features which are valuable in their original or natural con- ditions and which are intolerant of intensive human uses or activities. Objectives: a) Preserve or restore natural resources including vegetation, wildlife habitat, or marine life and other sensitive resource features which are intolerant of human activity. b) Severely restrict or prohibit development which would degrade or change the unique or natural character of the resource feature. c) Allow only those limited improvements which will contribute to the preservation of the character of this environment. Page 510 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 4.2 The Pastoral Area Criteria The Pastoral Area is designated to provide for the preservation of open spaces and wildlife habitats which are tolerant of only very passive recreational and agricultural uses. Objectives: a) Preserve these areas in their current use as productive livestock grazing areas and as "hay meadows." b) Protect these areas for their value as open space areas for diffuse outdoor recreation and as valuable wetland and wildlife habitat areas. c) Prevent development in these areas which would result in flooding, slides, and other natural disasters. . 4.3 The Conservancy Area Criteria: The Conservancy Area is designated to protect areas possessing exten- sive recreational potential, forest or range resources, or areas with physical limitations which make them unsuitable for development, includ- ing areas subject to periodic flooding, flood plains, slide hazard areas, steep slopes, or poor soils. Objectives: a) Protect, conserve, and manage existing natural resources and valuable historic and cultural areas. b) Protect agricultural land from urban development. c) Ensure a continuous flow of recreational benefits to the public through conservation of wetlands, open spaces, and wildlife habitat. d) Achieve sustained resource utilization by encouraging conservation practices. e) Prevent natural and man-made disasters by discouraging develop- ment in areas which are flood-prone, slide-hazardous, steep slopes, poor soils, or not feasible to be served with water or sewerage. 4.4 The Rural Area Criteria: The rural area is designated in areas presently used for recreational and low-density suburban types of development and areas of existing or potential productive agricultural activity. Pane tt1 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Objectives: a) To protect agricultural land from urban expansion. b) To restrict intensive development along undeveloped shorelines. c) To provide a buffer of agriculture and open space between urban areas. d) To provide for recreational and suburban development compatible with the rural character of shorelines. 4.5 The Urban Area Criteria: The Urban Area is characterized by high intensity and diverse land uses such as residential, commercial, industrial, streets, and community facilities. Designated areas should include adjacent areas for which there are pressures or plans for expansion of urban development. Such areas should have a high biophysical suitability for urban develop- ment and not have a high priority for designation as art alternative environment. Objectives: a) To ensure optimum utilization of shorelines within urban areas by providing for intensive public use and by managing development to enhance and maintain a multiplicity of urban uses. b) To give priority to water-dependent and water-related industrial and commercial uses along shorelines, and to encourage clustering of development in existing developed shoreline areas. c) To provide for public physical and visual access to water and to provide for intensive, water-oriented recreational use of the shore- line. SECTION V. GENERAL REGULATIONS APPLICABLE TO ALL SHORE- LINE MANAGEMENT AREAS 5.1 No development shall be undertaken within the shoreline areas of Spokane County unless these regulations and policies and other applic- able laws and regulations have been complied with and all required permits have been obtained. 5.2 All discharges of effluent or drainage from developments in shore- line areas shall meet the requirements of federal, state, and local health laws and regulations on water quality and pollution prevention. 5.3 No solid or liquid wastes shall be dumped, stored, transferred or otherwise disposed of in any shoreline area except in accordance with Chapter 80.95 RCW (Solid Waste Management Act) and Regulations WAC 173-301-100 (Minimum Functional Standards for- Solid Waste Handling) to and including WAC 173-301-626, and also in accordance with the Spokane County Solid Waste Management Plan and Spokane County Health District Regulations. Pagg_4122 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 5.4 The aesthetic quality of the shoreline area shall be considered to be a public resource, including both views of the water and from the water. Every consideration shall be given to protection and enhance- ment of such views in the planning, construction, and maintenance of any development. 5.5 In areas of five percent or greater slope, ground cover shall be retained or replaced with similar vegetation to prevent erosion. 5.6 Except for permitted marinas, piers, docks, and bridges, no over-water structure shall be erected in shoreline areas unless it is clearly in the public interest and consistent with the policies and intent of this Program. 5.7 Motor vehicle parking lots in shoreline areas are not appropriate and shall not be permitted. Individual automobile parking, incidental to designated camping and picnic sites, is allowed. 5.8 All development, particularly recreation and public access, shall be designed to protect property rights and privacy of owners or inhab- itants of adjacent properties. 5.9 No structure in the shoreline area shall exceed two stories or 35 feet in height above the average elevation, except where specifically authorized by this Program and where a substantial number of views will not be impaired. 5.10 No structure shall be erected within 50 feet of the ordinary high- water mark, except for bridge approaches and bridges, marinas, piers or docks, or buildings related to recreation developments or proven to be otherwise necessary in the public interest and authorized by and consistent with this Program. 5.11 When land is cleared for agricultural use or for building or devel- opment, the applicable provisions of Section VI, Subsection 3.2.3, Use Regulations on Forestry Practices, shall apply. 5.12 In the review of all permits for proposed developments, the policies and regulations of the Spokane County Shoreline Program shall be considered and followed wherever applicable. Prior to the issuance of any permit (i.e. , building, grading) in the Shoreline Area, the permit shall be subjected to the Technical Review Procedures outlined in Subsection 8.06 of Section VIII of these regulations. 5.13 All shoreline permits shall require that any developer shall notify Spokane County Planning Department and the State Parks and Recrea- tion Commission whenever any historical or archaeological artifacts or phenomena are uncovered during any excavation. 5.14 Animal feedlots are prohibited in the shoreline area. 5.15 Subsurface disposal of wastewater, whether treated or not, shall be prohibited in shoreline areas, except as provided under limited circumstances in the Regulations on Utilities. Page 8.3 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 5.16 Ail development and practices including agricultural shall adhere to U.S. Environmental Protection Agency regulations governing point and nonpoint discharges under the Federal Water Quality Act of 1972. 5.17 Adequate buffer areas of permanent vegetation are to be main- tained above the ordinary high-water mark to protect against shoreline erosion and to reduce the amount of silt, soil, nutrients, and pollutants entering the water from agricultural runoff. SECTION VI . REGULATIONS FOR USE ACTIVITIES 1. REGULATIONS FOR AGRICULTURE 1 .1 All Shoreline Areas 1.1.1 The POLICIES and the GENERAL REGULATIONS OF SECTION V shall apply to agricultural activities. 2. REGULATIONS FOR AQUACULTURE 2.1 The Natural Area, The Pastoral Area 2.1.1 Aquaculture is prohibited. 2.2 The Conservancy Area, The Rural Area, The Urban Area 2.2.1 Aquaculture may be permitted provided the following condi- tions are met: a) There is no interference with navigation. b) There is no substantial adverse effect on water quality. c) There is no adverse effect on the water rights of other property owners. d) The visual quality of the shoreline area or the water is not adversely affected. e) The soils, vegetation, and other natural features of the area are protected. 3. REGULATIONS FOR FOREST MANAGEMENT PRACTICES 3.1 The Natural Area, The Pastoral Area 3.1 .1 Logging is prohibited except for the removal of timber or brush for the following purposes: a) To remove timber or brush whose roots have been undermined by stream action and which are in danger of falling into the stream. b) To selectively remove timber affected by fire, windstorm, infestation, or other calamity. PaRe14 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 3.2 The Conservancy Area, The Rural Area, The Urban Area 3.2.1 Ciearcutting of timber in shoreline areas is prohibited. Only selective timber harvesting is permitted. 3.2.2 Only 20 percent of the merchantable timber within 100 feet of the ordinary high-water mark, randomly distributed, and only 40 per- cent of the merchantable timber in the upland 100 feet, randomly dis- tributed, may be harvested in any five-year period. 3.2.3 When harvesting timber or when clearing land for agricultural use or for building construction, the following conditions shall be met: a) The area shall be returned to productive use; reforestation measures shall be applied where practicable. b) The natural resources of the area shall be protected by proper design, location, construction, and maintenance of roads in accordance with Section 12 of these regulations for use-activities. c) Water quality and fish and wildlife habitat shah be protected. d) Slash and debris and other waste products of logging or clearance activities shall be removed from the shoreline area. e) All scarred areas shall be seeded, mulched, and matted to prevent erosion. f) The scenic quality of the area shall be maintained. g) A 50-foot or greater buffer strip of natural vegetation shall be maintained along the waterfront to prevent erosion and protect water quality and fish habitat. 3.2.4 Logging roads shall be constructed in compliance with the Washington State Forest Practices Management Act. 4. REGULATION FOR COMMERCIAL DEVELOPMENT 4.1 The Natural Area, The Pastoral Area 4.1 .1 Commercial development is prohibited. 4.2 The Conservancy Area, The Rural Area 4.2.1 Commercial development may be permitted in the Conservancy Area only when associated with a water-dependent public or private recreational development and when the following conditions are met: a) Only that portion of the commercial activity which requires direct access to water may be located within 50 feet of the ordinary high-water mark. b) The scenic quality and water quality of the shoreline area shall not be adversely affected. P11/5 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H c) No building shall exceed two stories or 35 feet in height, whichever is less. d) The clearing of land for development shall meet the applicable requirements of Subsection 3.2.3 in Section VI . e) Adequate public access to and along the publicly-owned waterfront shall be provided, consistent with public safety considerations. 4.2.2 Commercial development which serves other purposes than recreation may be permitted in a Rural Area provided: a) Location in an Urban Area is not feasible. b) The development is at least 100 feet from the high-water mark. 4.3 The Urban Area 4.3.1 Only water-dependent commercial development or commercial development serving other water-dependent uses may be located within 50 feet of the ordinary high-water mark. Water-related or other com- mercial development is permitted, provided it maintains a 50-foot set- back from the ordinary high-water mark and meets the policies and regulations of this Program. 4.3.2 New commercial development shall be located in or adjacent to established commercial or industrial development. 4.3.3 Commercial developments shall not prevent or impair existing public access to and along the publicly-owned waterfront. 4.3.4 In the design, construction, and maintenance of any commer- cial development, consideration must be given to the visual quality of the shoreline area, the effect of such development on such visual qual- ity, and scenic views of and from the water body. 5. REGULATIONS FOR MARINAS 5.1 The Natural Areas The Pastoral Area, The Conservancy Area 5.1 .1 Marinas shall be prohibited. 5.2 The Rural Area The Urban Area 5.2.1 Marinas shall be permitted when the applicant demonstrates to the satisfaction of the reviewing authority that: a) All other applicable Federal, State and/or local regulations will be met. b) There exists a need for a marina, and the location is compat- ible with the Spokane County Comprehensive Plan and its applicable land-use element. Pagel46 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H c) The marina does not constitute an unreasonable interference with navigation. d) Provisions are made for protection against fuel and oil spills and prompt clean-up operations are assured. e) Upon completion of construction, soils, vegetation, and other natural features remaining are restored, and the visual appear- ance of the marina is compatible with the character of the area. f) Where provisions are contemplated for other water-related recreational activities, for example, swimming, boating, water skiing, etc., the site shall be designed and constructed to accommodate such activities with a maximum of safety. 6. REGULATIONS FOR MINING 6.1 The Natural Area, The Pastoral Area, The Conservancy Area 6.1 .1 Mining of sand, gravel, soil, or minerals is prohibited. 6.2 The Rural Area, The Urban Area Except for excavation for scientific or archaeological purposes, mining is prohibited in areas of unique or fragile natural conditions or areas of archaeological, historical, cultural, or educational significance. 6.2.2 Mining of sand, gravel, soil, or minerals be permitted only as a conditional use, provided the following conditions are met: a) The provisions of the Surface Mining Act, Chapter 78.44 RCW and Regulations WAC 334-18 shall be met for any surface mining, including that which affects less than two acres or produces less than 10,000 tons in any 12 months. b) Plans and provisions for restoration, reclamation, regrading and replanting of mined areas must be prepared and approved by the County prior to commencement of mining operations. c) Surface drainage and wastes resulting from mining operations shall not be discharged into streams or water bodies without treatment to remove suspended solids and organic matter-. d) Cleaning, sorting, separation, and storage operations shall not be conducted within 100 feet of the ordinary high-water mark. e) Provision must be made to prevent or reduce any adverse effects on the scenic quality of the shoreline area. 6.2.3 The removal of rock or gravel from the bed of any river or stream is specifically prohibited. Pae127 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 7. REGULATIONS FOR SIGNS AND OUTDOOR ADVERTISING 7.1 The Natural Area, The Pastoral Area 7.1 .1 Outdoor advertising signs (billboards) are prohibited. 7.1 .2 Signs erected by government agencies and required to protect the public health, safety, and general welfare are permitted. 7.2 The Conservancy Area, The Rural Area 7.2.1 All outdoor advertising signs are prohibited. 7.2.2 Signs shall not obstruct views of the shoreline from the surface of water, except as permitted below. 7.2.3 Off-premises directional signs shall not exceed 12 square feet in area. 7.2.4 On-premises business signs for an existing or permitted business shall be permitted only if the following standards are met: a) Signs shall not exceed 20 square feet in size. b) Signs shall not move or rotate or have lights that blink or flash on and off intermittently. c) Only signs required for navigation or as directional signs to inform boaters of services, such as fuel and morage, shall be visable from the shoreline area or the surface of the water. d) Signs shall not extend beyond the face of a building or above its roofline. 7.2.5 Signs erected by government agencies and required to protect the public health, safety, and general welfare are permitted. 7.2.6 Public agencies may erect and maintain signs, not exceeding 20 square feet in area, to identify or provide direction to public facilities in the Rural Area. 7.3 The Urban Area 7.3.1 Signs shall not substantially obstruct the view of water from any shoreline area or any view of the shoreline area from the surface of the water, except those needed for navigation. 7.3.2 Outdoor advertising signs are permitted only along designated major thoroughfares in "freeway commercial," "commercial" and "manu- facturing" zones in the Spokane County Zoning Ordinance and shall not otherwise be permitted in shoreline areas. All such permitted signs shall be located on the upland side of the thoroughfare. P4eL of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 7.3.3 Public agencies may erect and maintain signs not exceeding 20 square feet in area, to identify or provide direction to public facilities or recreational areas. 7.3.4 Existing or permitted commercial or industrial businesses may be permitted to have on-premises identification signs which do not exceed 64 square feet in area and do not extend beyond the face of the building or above its lowest roofline. 7.3.5 Signs shall not move or rotate or have lights which blink or flash on and off intermittently. 7.3.6 Except for navigational aids, no light source of any sign shall be visible from the surface of the water from any other property or any public right-of-way. 7.3.7 A permit may be granted for an off-premises directional sign for a business or residential development if the following conditions are met: a) The need for the directional sign is established. b) The size is limited to 32 square feet and the installed height is limited to 15 feet. c) The message is limited to product or service and directions. d) No more than two such off-premises signs may be allowed in the shoreline area for any one business or development; one for each direction of traffic on the nearest major thorough- fare. 7.3.8 Signs erected by government agencies and required to protect the public health, safety, and general welfare are permitted. 8. REGULATIONS FOR RESIDENTIAL DEVELOPMENT Residential development includes any building for residential purposes including single-family, multifamily, "cluster" development or "planned unit" development, mobile home parks, and any subdivision of the land for sale or lease (as defined in the Spokane County Subdivision Ordin- ance or applicable State regulations). These regulations shall apply to residential development to include the prevention of erosion, protection of visual quality, development of associated uses, and maintenance of water quality. The construction by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of this family, which does not exceed a height of 35 feet above average grade level, is exempt from the permit provisions of the Shoreline Management Act. Single-family residences on individual lots, while themselves exempted from the requirements of a substantial development permit, shall conform to the policies and regulations of this Program. P2f Igel49 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 8.1 The Natural Area, The Pastoral Area, The Conservancy Area 8.1 .1 Residential development shall not be permitted, except: a) Construction on wetlands by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction. b) A residential development subdivision may be permitted pro- vided that the portion of the subdivision within the shoreline area shall be dedicated to its existing state or to recreational purposes consistent with the other applicable regulations and policies of the management area. 8.1 .2 Residential structures in subdivisions shall not be permitted within the shoreline area. 8.1 .3 Residential structures shall be set back at least 50 feet from the ordinary high-water mark. 8.2 The Rural Area, The Urban Area 8.2.2 Buildings constructed in areas of 20 percent or greater slope, or slide-prone areas, shall conform to the requirements for Geologically Hazardous Areas of the Critical Areas Ordinance. Buildings shall not be constructed in flood hazardous areas. (amended May 7, 2002, Board of Spokane County Commissioner's Resolution # 02- 0471) 8.2.3 Adequate water supply, wastewater disposal, solid waste disposal, and storm drainage facilities shall be provided in accordance with the Regulations on Utilities and the Regulations on Solid Waste Disposal, as applicable. 8.2.4 The aesthetics and natural characteristics of the area, includ- ing scenic views, soils, and vegetation, shall be preserved to the maximum extent possible. The clearing of land for development shall meet applicable requirements of Subsection 3.2.3, Regulations for Forest Practices, p. 4-9. 9. REGULATIONS FOR UTILITIES 9.1 The Natural Area 9.1 .1 Transmission lines, as the term is used in this section of these regulations, shall be construed to include (1 ) overhead wires and their supporting structures for the long-distance transmission of electric energy at or above 60,000 volts, and (2) gravity or pressurized pipe- lines for the long-distance transmission of water, petroleum products, natural gas, and other commodities such as ores in the form of slurries. 4-15 Page 50 of 82 • Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H The term "transmission main," as sometimes used to refer to certain pipelines which may be a part of a local or a regional sewerage system, shall not be construed to be a "transmission line" for the purposes of the regulations in this section. 9.1 .2 Transmission lines shall not traverse the Natural Area. Facilities related to transmission lines shall not be located in the Natural Area. 9.1 .3 Other utilities, as the term is used in this section of these regulations, shall be construed to include all utilities which do not fall within the foregoing definition of "transmission lines." These other utilities may be permitted (1) to serve allowed activities located in the Natural Area, (2) to route through the Natural Area within existing rights-of-way and easements, and (3) to cross streams on public road- way bridges designed for, or capable of accommodating, the inclusion of such utilities. In all cases, routes shall be selected so that it shall not be necessary to cut clear corridors through wooded areas. 9.1 .4 In all cases, electric and communication cables shall be in- stalled underground. Electric and communication cables shall not cross streams overhead in the Natural Area. 9.1 .5 Wastewater collection facilities may be permitted in the Natural Area for conveyance of wastewater to treatment and disposal facilities located outside the Natural Area. 9.1 .6 Wastewater treatment and disposal facilities shall not be lo- cated in the Natural Area except that individual facilities may be per- mitted to serve a single-family residence or a public park but only in conformance with the requirements of 9.2.11 and 9.2.13 below. 9.2 The Pastoral Area, The Conservancy Area, The Rural Area, The Urban Area 9.2.1 A transmission line, as defined in 9.1 .1 above, may traverse a Shoreline Area only when necessary to cross a stream or a lake to reach the ultimate destination of the transmission line. 9.2.2 A route shall be selected for each transmission line so that, where it must traverse a Shoreline Area, it shall not be necessary to cut a clear corridor through a wooded area. 9.2.3 Electric transmission lines traversing "Shorelines of State-wide Signficance" shall have their conductors marked with daytime obstruc- tion markers wherever the spans through the Shoreline Area exceed 200 feet. 9.2.4 Terminal facilities, that is, facilities which constitute the final termination or destination of a transmission line, shall not be located in any Shoreline Area. Page 8'I of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 9.2.5 Transmission and other pipelines shall cross streams either by being constructed on public roadway bridges designed for, or capable of, accommodating the inclusion of such pipelines, or by being con- structed below stream bottoms. The construction of bridges solely for pipelines is prohibited. 9.2.6 An advance emergency plan for the cleanup of leaks and spills shall be submitted with each application for a petroleum or an ore slurry transmission pipeline crossing. 9.2.7 Other utilities, as defined in 9.1 .3 above, may be permitted (1) to serve allowed activities located within a Shoreline Area, (2) to route through a Shoreline Area to cross a stream, and (3) to route through a Shoreline Area within public and private rights-of-way and easements. In all cases, routes shall be selected so that it shall not be necessary to cut clear corridors through wooded areas, 9.2.8 In all cases electric and communication cables, except electric transmission lines, shall be installed underground, except that where they cross streams they either may be constructed overhead or may be constructed on public roadway bridges designed for, or capable of, accommodating such utilities in electrical conduits. 9.2.9 Facilities for the treatment of wastewater and/or for the disposal of treated wastewater may be permitted, provided (1) they are designed, constructed, owned, operated and maintained by a govern- ment agency under a discharge permit issued by the State Department of Ecology, (2) evidence accompanies the application for a Shoreline permit to demonstrate that compelling reasons exist for selection of the specific site, (3) a public hearing is held on the facilities project, including site selection, and (4) the site and/or facilities conform to the following: a) Facilities shall not be located on a site having a history of flooding; b) Even if a facilities site may not have a known history of flooding, where the site is less than three feet in elevation above the normal high-water mark, the facilities shall have included in their design adequate protection against damage so that they will continue to carry out their functions despite any possible flooding; c) Wastewater ponds or lagoons shall be sealed, and any flow therefrom to surface waters shall be limited to treated waste- water conveyed to discharge through an outfall under a permit issued by the State Department of Ecology; d) Subsurface disposal facilities (such as drainfields and percola- tion ponds) associated with a treatment facility shalt be lo- cated outside the Shoreline Area; e) Structures shall have as low a profile as possible with respect to the general topography of the site and nearby area; Pa -42of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 1) Positive means, such as holding ponds and/or standby electric generator sets, shall be provided so that all overflows of untreated or partially treated wastewater, over land or into surface waters, are prevented; g) Odor prevention or abatement facilities shall be included; h) Sounds of operating machinery shall be muffled to minimize being audible off the facility site; and i) Facilities shall be screened from view from the immediately adjacent land and water by natural vegetation, by new plant- ings, and/or by fencing, all in harmony with the general area environment. Wastewater collection facilities, including pumping stations, related to treatment and disposal facilities, may be located within the Shoreline Area under the provisions of 9.2.7, provided they also conform to the preceding treatment and disposal facility requirements. 9.2.10 Facilities for the treatment of wastewater and/or for the disposal of treated wastewater, which are designed, constructed and owned by a nongovernment entity such as a private corporation, part- nership, or other interest, may be permitted provided (1) the design and construction of the facilities are accomplished with the detailed review, approval and inspection by a government agency and that the facilities are operated and maintained by that government agency under a discharge permit issued by the State Department of Ecology, (2) evidence accompanies the application for a Shoreline permit to demon- strate that compelling reasons exist for selection of the specific site, (3) a public hearing is held on the facilities project, including site selection, and (4) the site and/or facilities conform to the applicable requirements of 9.2.9 collection facilities related to treatment and dis- posal facilities shall conform to 9.2.9. 9.2.11 An individual wastewater treatment facility (such as a septic tank) may be permitted in the Shoreline Area, but only when needed to serve a single-family residence or a public park. Such a treatment facility shall not be located in an area having a history of flooding. A disposal facility (such as a drainfield or a dry pit) related to an individual treatment facility shall not be located (1 ) in an area having a history of flooding, or (2) where it will be in hydraulic continuity with • a stream or a lake, or (3) where the ground water table rises to or exists within 70 feet of the bottom elevation of the drainfield or dry pit, or (4) where it will be within 100 feet of the normal high-water line. 9.2.12 Whenever treated wastewater, storm-water drainage, or other liquids are permitted by the State Department of Ecology to be dis- charged into a stream or a lake, the outfall shall be placed below the water surface, and the discharged liquids shall be diffused in the stream or lake bottom. Pag` "tof 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 9.2.13 It is the responsibility of the applicant for a permit for a treatment or a disposal facility to submit evidence that the applicable requirements of 9.2.9 through 9.2.12 are satisfied along with all other applicable requirements of the Spokane County Health District, the State Department of Social and Health Services, the State Department of Ecology, and the Federal Environmental Protection Agency. 10. REGULATIONS FOR WATER-RELATED INDUSTRY 10.1 The Natural Area The Pastoral Area, The Conservancy Area 10.1.1 Industry is prohibited. 10.2 The Rural Area 10.2.1 Only rural campus types of water-dependent industrial devel- opment which can justify a need for shoreline location in a rural area may be permitted as a conditional use if the following conditions are met: a) Smoke, dust, noise, glare, vibration, bad odors, or danger of explosion are prevented. b) Buildings or structures shall not be located within 50 feet of the ordinary high-water mark, except that which requires access to water. c) Buildings shall not exceed 35 feet in height. d) Existing safe public access to and along the waterfront is not obstructed. e) Building sites and parking areas are landscaped and screened from view of adjacent properties and public rights-of-way. Wherever feasible, buildings shall be oriented perpendicular to the shore of the adjacent water body to preserve as much as possible the public's visual access to the water. f) The open-space character of the shoreline area shall be maintained through limiting coverage of land by buildings to 30 percent, that portion of the industrial property which is within the shoreline area. 10.3 The Urban Area 10.3. 1 Only water-dependent industrial plants which can justify a need for direct access to water may be permitted to erect buildings or other structures within 50 feet of the ordinary high-water mark; all other industrial development shall retain a 50-foot buffer of vegetation. 10.3.2 Except where it may be unsafe or a health hazard, pedestrian access to and along the waterfront shall not be obstructed. Pagi-44%f 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 10.3.3 The public's right to visual access to the water should be preserved by: a) Limiting the coverage of land by buildings to 40 percent of that portion of the property that is within the shoreline area; and b) Orienting buildings perpendicular to the line of the high- water mark of the adjacent water body. 10.3.4 Water treatment or settling ponds or lagoons shall not be located within 104 feet of the ordinary high-water mark and shall not occupy more than two acres within the shoreline area for any one industrial property. 11 . REGULATIONS FOR SOLID WASTE DISPOSAL 11.1 The Natural Area, The Pastoral Area, The Conservancy A_ rea, The Rural Area 11 .1 .1 Solid waste shall not be disposed of in any area or into any stream or body of water. 11 .2 The Urban Area 11 .2.1 Solid waste shall not be disposed of in any area or into any stream or body of water. 11 .2.2 All solid waste collection, transfer, or other functions shall be designed, constructed, operated, and maintained in accordance with the Spokane County Solid Waste Management Plan, and with applicable County Health District, State and Federal regulations and laws. 11 .2.3 Solid waste facilities shall not be located within 100 feet of the ordinary high-water mark. 11 .2.4 Where permitted to be located in this area, solid waste transfer stations shall be so designed, constructed, landscaped, operated and maintained, as to minimize deterioration of the visual quality of the general area. 12. REGULATIONS FOR ROADS, RAILROADS, AND BRIDGES 12.1 The Natural Area 12.1.1 New roads, both public and private, are prohibited except for access to allowed activities. 12.1 .2 Railroads are prohibited. 12.1 .3 Bridge crossings of streams and lakes and related approach roads, and the widening of existing roads from two or more than two traffic lanes, are prohibited. Page 55 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 12.2 The Pastoral Area, The Conservancy Area 12.2.1 Railroads are prohibited, and the expansion of existing rail- roads are prohibited. 12.2.2 New roads, both public and private, are prohibited except: a) For access to allowed activities or for bridge approaches; b) For scenic roads in State and County parks; and c) Where a routing of a roadway through the Shoreline Area is demonstrated to have a more desirable overall environmental impact than would result from a routing outside the Shoreline Area in nearby adjacent land. 12.2.3 Bridge crossings of streams and lakes and related approach roads, and the widening of existing roads from two to more than two lanes, may be permitted where they are parts of approved County and State road master plans. 12.2.4 Private bridges may be permitted where necessary for access to isolated private property. Where permitted, such private bridges shall conform to the following requirements: a) All parts of the structure which are over water shall be at least two feet above maximum high water; b) Landfills and end abutments shall be landward of the high- water mark; c) Structural supports shall not be placed in a stream unless those supports conform to the standards applied by the Spokane County Road Department; d) Width of the bridge area for vehicles shall not exceed 24 feet, subject to possible exception inherent to requirement e), following; e) Any such bridge proposed to be dedicated to and maintained by a public agency shall conform in advance to the standards of that agency and shall be approved by that agency prior to issuance of a shoreline permit; and f) All bridge structures shall have an appearance in favorable harmony with the general area environment. 12.2.5 Landfills and end abutments for bridges shall be placed so that the flow of floodwaters shall not be significantly restricted. The design of landfills and end abutments for bridges over streams shall prevent the accumulation of debris upstream of the bridge_ Pa{3e25b of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 12.3 The Rural Area The Urban Area 12.3.1 New roads and railroads may be permitted. 12.3.2 Bridge crossings of streams and lakes and related approach roads, and the widening of existing roads from two to more than two lanes, may be permitted where they are parts of approved County and State road master plans. 12.3.3 Private bridges may be permitted where necessary for access to isolated private property. Where permitted, such private bridges shall conform to the requirements stated in 12.2.4 12.3.4 Landfills and end abutments for bridges shall be placed so that the flow of floodwaters shall not be signficiantly restricted. The design of landfills and end abutments for bridges over streams shall prevent the accumulation of debris upstream of the bridge. 12.4 All Management Areas 12.4.1 Except where such traffic is prohibited, bridges shall be designed to accommodate pedestrian and bicycle traffic. Where use of the bridge is less than 50 vehicles per day, the roadbed itself shall constitute such accommodation. Other roads shall provide a space not less than three feet in width for the dedicated use of pedestrians, bicycles and animals. 12.4.2 Roads for access to permitted activities may be permitted. 13. REGULATIONS FOR ARCHAEOLOGICAL AREAS AND HISTORIC SITES 13.1 All Shoreline Areas 13.1 .1 Where significant archaeological, cultural, or historical sites, buildings, artifacts, or other phenomena are identified, no other devel- opment which destroys the scientific or educational uses of such sites shall be permitted. 13.1.2 Developments or improvements in archaeological, cultural, or historical sites or buildings shall be designed to preserve the natural environment and visual quality of its surroundings. 14. REGULATIONS FOR RECREATION 14.1 All Shoreline Areas 14.1.1 The use of waterfront areas for recreation shall be limited to recreational activities dependent on or enhanced by the shoreline envi- ronment; such as fishing, boating and swimming, and recreational trails. Pale Z2 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 14.1 .2 The design and development of recreational areas must protect the natural features of the land, its vegetation, wildlife, water quality and aquatic life and habitat, and take into account the biophysical capabilities of the site. 14.1.3 Access to and along the waterfront shall be provided for pedestrians and bicycles where appropriate and where the biophysical capabilities allow such uses. 14.1.4 Scenic views and the scenic quality of the shoreline area must be preserved or enhanced. 15. REGULATIONS FOR LANDFILL 15.1 The Natural Area, The Pastoral Area 15.1 .1 Except for landfill associated with permitted bulkheads and permitted bridges, landfill is prohibited. 15.1 .2 Landfill on property associated with a single-family dwelling and other residential structures in areas prone to flooding or with a history of flooding is prohibited. 15.2 The Conservancy Area, The Rural Area, The Urban Area 15.2.1 Landfill may be permitted where justified by an overriding public interest, such as for beach improvements, public recreational areas, or similar publicly-oriented activities and where the following conditions are met: a) The landfill shall not adversely affect water quality. b) Fill shall be stabilized by planting vegetation and other means to protect aquatic life and prevent erosion. c) The landfill shall be designed, constructed, and maintained so as to minimize total surface water reduction, restriction of navigation, or impediments to water flow and circulation. 15.2.2 Landfill on property associated with any residential develop- ment in areas prone to flooding or with a history of flooding is prohibit- ed. 15.2.3 Landfill should not extend beyond the ordinary high-water mark. 15.2.4 In the Urban Area, landfill may be permitted for water- related or water-dependent uses and for public and private access to the waterfront or to watercraft, where the conditions of Subsection 15.2.1 above, are met. 15.2.5 Any permitted landfill shall be compatible with adjacent land uses and activities. P4e2g8 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 16. REGULATIONS FOR DREDGING 16.1 The Natural Area, The Pastoral Area 16.1 .1 Dredging for any purpose, except to preserve, maintain, or restore the natural qualities of the waterways, shall be prohibited. 16.1 .2 The dumping of dredge spoils shall be prohibited. 16.2 The Conservancy Area, The Rural Area, The Urban Area 16.2.1 Dredging for the purpose of securing fill or construction materials is prohibited. 16.2.2 Dredging for purposes of improved navigation, recreation, or improved water flow, or other primarily public purposes, may be per- mitted if the following conditions are met: a) Spoils shall not be disposed of or dumped in shoreline areas or waters. b) Neither land nor over-water activities will degrade water quality or aquatic life or its habitat. c) All dredging equipment shall be removed from the shoreline area immediately after dredging is completed. 17. REGULATIONS FOR BULKHEADS 17.1 The Natural Area The Pastoral Area 17.1 .1 Bulkheads are prohibited in areas of natural swamps, bogs, or marshes. 17.1.2 Bulkheads may be permitted subject to the following con- ditions: a) Bulkheading is needed to protect water quality and aquatic life from erosion or siltation. b) Bulkheads shall be located at or above the ordinary high- water mark of lakes or streams. • c) Bulkheads shall not increase the scouring or erosion of adja- cent lands, or impede stream flow. d) Bulkheads shall not serve the purpose of extending landfill into the water body. 17.2 The Rural Area, The Conservancy Area, The Urban Area 17.2.1 Bulkheads are prohibited in areas of natural swamps, bogs, or marshes. Pagfr 4 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 17.2.2 Bulkheads may be permitted for the following purposes and conditions: a) Purposes: 1) To protect water quality or aquatic fife from erosion or siltation. 2) To provide public recreation areas, if necessary. 3) To provide public access to the waterfront if no other means is available. 4) To protect upland areas from erosion. 5) To provide private or public access to watercraft. 6) To restore lands lost to erosion after June 30, 1972, provided this restoration is completed within two years of the occurrence. b) Conditions: 1) Bulkheads shall be located at or above the ordinary high-water mark. 2) Bulkheads shall be of riprap construction whenever feasible and when the riprap does not create hazards or health problems. 3) Bulkheads shall not increase the scouring or erosion of adjacent lands or impedes stream flow. 4) Bulkheads shall not serve the purpose of extending landfills into the water body. 5) The existing natural and scenic quality of the shoreline area is protected or enhanced. 18. REGULATIONS FOR PiERS AND DOCKS The construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, leesee, or contract purchaser of a single-family residence, the cost of which does not exceed -$2 500--0 ,$10,000.00 is exempt from the permit system. (90.58.030 (3)(e)(vii) RCW) 18.1 The Natural Area, The Pastoral Area 18.1.1 Except for those included in the above exemptions, piers and docks are prohibited. 18.1 .2 Floating buoys may be used for moorage to minimize the impact on the natural and aquatic environment. Page ED of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 18.2 The Conservancy Area 18.2.1 Piers are prohibited. 18.2.2 Docks may be permitted for recreational, educational, or other public purposes. 18.2.3 Approval of permits for docks shall be subject to the approval of Federal and State agencies as they relate to navigation and effects on fish habitat. 18.3 The Rural Area 18.3.1 The regulations of the Conservancy Area shall also apply to the Rural Area. 18.3.2 Docks shared by adjoining property owners or community groups shall be encouraged instead of individual docks for the sole use of a single property owner. 18.3.3 Each resort development may be permitted one dock for boat sales and rentals, including construction on wood piling. 18.4 The Urban Area 18.4.1 Flooding docks for recreational purposes may be permitted subject to approval of Federal and State agencies as they relate to navigation and effects on fish habitat. 18.42 Piers and docks of rock, masonry, or wood-pile construction may be permitted if the following conditions are met. a) Joint use of facilities shall be encouraged. b) The length, width, number, and types of the docks or piers shall be limited to that which is actually needed to fulfill its purposes. c) Interference with navigation shall be minimized. d) Water quality and aquatic life and habitat shall be protected. e) The natural and visual quality of the shoreline area shall be protected or enhanced. f) Public access to the waterfront area shalt be improved or not impaired to the extent feasible. g) Permit approval shall be subject to the approval of appro- priate Federal and State agencies for navigation and fish habitat. Pag` - of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 19. REGULATIONS FOR SHORELINE PROTECTION 19.1 All Shoreline Areas 19.1 .1 Wherever feasible, natural vegetation systems for bank stabili- zation shall be used in place of protective structures. 19.1 .2 Shoreline protective structures may be permitted only when: a) Natural vegetation systems are not feasible or sufficient; b) They are in the public's interest; and c) Proposed structures are in conformance with overall area needs. 19.1.3 Shoreline protection plans shall incorporate, wherever feasible, pathways and other recreational uses of shoreline areas. 19.1 .4 Shoreline protection programs and structures shall restore or enhance the natural and visual quality of the area. 19.1.5 Diking for flood protection shall be set back to the outer edge of the streamway; dikes shall be located at the outer edge of the natural valley and parallel to the longest cord of the stream meander. 19.1 .6 Bank stabilization structures shall maintain the natural char- acter of the stream, shall avoid increasing erosion of adjacent stream banks, and shall avoid creating or tending toward a need for stream channelization. 19.1 .7 Dumping on the banks of lakes or streams so as to create junk revetments is prohibited. SECTION VII . VARIANCES AND CONDITIONAL USES 7.01 All permits involving variances or conditional uses shall be sub- mitted to the Department of Ecology for approval or disapproval in accordance with Chapter 90.58.140 RCW. 7.02 Permit applications involving variances or conditional uses shall be reviewed by the Planning Department using the technical review proced- ure described in Subsection 9.06 in Section XIII . The recommendations thereof shall be submitted to the Board of County Commissioners of Spokane County. 7.03 Prior to the granting of a variance, the Board of County Com- missioners shall determine (such determination and findings to be noted in the official minutes of a public hearing) the following: a) The hardship which serves as the basis for the application for the variance is specifically related to the property of the applicant and the hardship does, in fact, exist; Pate2872 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H b) The hardship results from the application of the Shoreline Management Act and of these regulations and not from the applicant's own actions, deed restrictions, or other laws or regulations; c) The variance granted is the minimum variance necessary to relieve the hardship; d) The granting of the variance will be in harmony with the general intent and purpose of the Master Program and the objectives of these regulations and not in conflict with them; and e) The public interest and welfare will be served. 7.04 No variance shall be granted to permit a use or activity which is otherwise prohibited by these regulations. 7.05 The applicant for a conditional use permit shall bear the burden of proof that the following conditions have been met: a) The specific conditions imposed for the conditional use in the particular environment have been met; b) The proposed use will not interfere with the public use of the public shorelines and waters; c) Design of the site is compatible with the surroundings, the Master Program, and the objectives of these regulations; d) The use will not cause an adverse effect on the environment of the shoreline area in which it is located or other uses; and e) The proposed use will not be contrary to the general intent of the Spokane County Shoreline Management Program. 7.06 Prior to the granting of a conditional use permit, the Board of County Commissioners shall reach a finding, to be recorded in its official minutes, that the applicant has fulfilled and proved to the satisfaction of the Board, each of the conditions listed in Section 7.05 above. SECTION VIII . ADMINISTRATION AND PENALTIES 8.01 Requirements for applications, administration, fees, notice, technical committee, duties of the planning agency, duties of the Board, notification, applicability, appeals, penalties, and other procedural matters of administration of this Program shall be enacted. Should any conflicts arise between this Shoreline Management Program and any procedural or other enactments of Spokane County, this Program shall govern. PagtHof 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 8.02 Severability If any provision of this Program or its application to any person or legal entity or circumstances is held invalid, the remainder of this Ordinance or the application of the provision to other persons or legal entities or circumstances shall not be affected. 8.03 Chapter 90.58.210 RCW Court Actions to ensure against conflicting uses and to enforce. The Attorney General or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shore- lines of the State in conflict with the provisions and programs of this chapter, and to otherwise enforce the provisions of this chapter. 8.04 Chapter 90.58 RCW General penalty. In addition to incurring civil liability under RCW 90.58.210, any person found to have willfully engaged in activities on the shorelines of the State in violation of the provisions of this chapter or any of the Spokane County Shoreline Program, rules, or regulations adopted pursuant thereto shall be guilty of a 4ross misdemeanor and shall be punished by a fine of not less than $25.00 or more than $1,000.00, or by imprisonment in the County jail for not more than 90 days, or by both such fine and imprisonment: Provided, That the fine for the third and all subsequent violations in any five-year period shall be not less than $500.00 nor more than $10,000.00. 8.05 Chapter 90.58 RCW Violators liable for damages resulting from violation --attorney's fees and costs. Any person subject to the regula- tory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The Attorney General or local government attorney shalt bring suit for damages under this section on behalf of the State or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similar- ly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party. 8.06 Technical Review of Permit Applications There shall be established by the Program Administering Agency an administrative procedure wherein applications for permits under this Program are routed to various departments and agencies for technical review and comment. These departments and agencies shall include, but not necessarily be limited to, the County Public Works Department, the County Planning Department, the County Building Department, County Parks and Recreation Department, the Spokane County Health District, and the Spokane County Conservation District. Pale261 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Each permit application shall be reviewed in order to verify that all applicable technical considerations of each proposed permit have been examined and answered comprehensively by the congnizant department or agency. This technical review shall precede the submission of a recommended permit application to the Board of County Commissioners. The review of an application by each department or agency, indicating concurrence or nonconcurrence therewith, shall be in writing and shall accompany the application when it is submitted to the Board of County Commissioners. When there is nonconcurrence by a department or agency with the issuance of a permit, the written particulars of that nonconcurrence shall accompany the tentative permit, if issued by the Board of County Commissioners, when it is forwarded to the Department of Ecology for review. SECTION IX. PROGRAM CONTINUITY AND PERIODIC REVIEW 9.01 Program Review and Revision The Shoreline Program of Spokane County shall be considered a continuing program and subject to periodic review and revision. Such review and revision shall involve open citizen participation as required by the Shoreline Management Act. The Planning Commission will review the Program, and reports and recommendations of the Planning Department, and recommend appropriate revisions of the Program to the Board of County Commissioners. If changes in the Shoreline Program are recommended, and if the Board agrees to such changes, a public hearing shall be held in accordance with the Shoreline Act, and the changes shall be submitted to the Department of Ecology for approval. If approved by the Department of Ecology, such changes shall be incorporated into the Program. (amended March 11, 1 997, Board of Spokane County Commissioner's Resolution # 97-0231) a) If an application for a permit under the interim program in effect prior to the effective date of this Master Program for Shorelines of Spokane County was filed for 60 days or more prior to such effective date, such permit may be granted following a public` hearing under the provisions of the interim program, even if the proposed use does not conform to the goals, policies or use regulations of this Program, provided (1 ) such permit is granted within 30 days after the effective date of this Program, and (2) valid objection, based upon negative environmental impact or upon provisions of the Shoreline Management Act, is not made. If the use for which such permit is granted is not implemented within one year after the date of issuance of the permit, such permit shall be revoked automatically and any future use application shall conform to this Program. Pag46-06)of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H If an application for a permit under the interim program in effect prior to the effective date of this Master Program for Shorelines of Spokane County was filed for less than 60 days prior to such effective date and has not been acted upon by the Board of County Commissioners, such application shall be returned to the applicant to be refiled in conformance with the goals, policies and use regulations of this Program. 9.02 Review of Permits and Annual Reports At the end of the 1974 calendar year, and at the end of each succeed- ing year, the Planning Department shall prepare a summary of shoreline development permits and conditional permits requested, granted and denied, including the proposed use activities, the locations, and the effects of each, by type and classifications. This statistical and geo- graphical summary shall be accompanied by comments on the effect of the Shoreline Act in Spokane County and recommendations with respect to changes in the Shoreline Program which would better effect the objectives of the Act with respect to the conditions of Spokane County. Such summary, comments, and recommendations shall be submitted in a report to the Board of County Commissioners no later than April 1 of the following year, and a copy thereof shall be provided to the Shore- line Citizen Advisory Committee. SECTION X. DEFINITIONS As used in this Program, unless the context clearly requires otherwise, the following definitions of words, phrases, and concepts shall apply: 10.01 "Person" means any individual, partnership, corporation, association, organization, cooperative, or other legal entity, or any public or municipal corporation or agency of the Federal, State, or local government. 10.02. "Ordinary high-water mark" means that mark on streams, lakes, or water bodies that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and ususal, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1 , 1971 , or as it may naturally change thereafter. • 10.03 "Shorelines" means all the water bodies listed in Section III and all underlying land and associated wetlands in Spokane County. 10.04 "Shoreline areas" are the land areas, including all land from the ordinary high-water mark to a line 200 feet upland from the ordin- ary high-water mark, and such land above the 200-foot line related to and affected by shoreline area development as specified in Chapter 90.58 RCW. 10.05 "Shorelines of the State" and "shorelines of statewide signi- ficance" are those so listed and designated in the Chapter 90.58 RCW and in Section I I I of this Program. Pga t6 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 10.06 "Wetlands" or "wetland areas" (which are also referred to as shoreline areas herein) shall mean all marshes, bogs, floodways, swamps, river deltas, and flood plains associated with streams and lakes, and all lands extending landward for 200 feet in all directions, as measured on a horizontal plane from the ordinary high-water mark, which are subject to the provisions of this ordinance as delineated in Section i l l and as specified in Chapter 173-22 WAC, 10.07 "Development" means a use consisting of the construction or exterior alteration of structures; dredging, drilling, dumping, filling, logging, removal of any sand, gravel, soil or minerals; bulkheading; driving of piling; placing of obstruction; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this ordinance at any water level as specified in Chapter 90.58 RCW. 10.08 "Substantial development" means any development of which the total cost or fair market value exceeds $1,000.00 or any development which materially interferes with the normal public use of the water or the shorelines of the State in Spokane County; except for these listed exemptions: $5,000.00 a) Developments which cost $1,000 or less and which do not materially interfere with the normal public use of the water. b) Normal maintenance or repair of existing structures or devel- opments, including damage by accident, fire, or elements. c) Construction of the normal protective bulkhead structurally common to a single-family residence. d) Emergency construction necessary to protect property from damage by the elements. e) Construction of a barn or similar agricultural structure not exceeding 35 feet in height. f) Construction or modification of navigational aids, such as channel markers and anchor bouys. g) Construction by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the State agency or Spokane County. h) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or con- tract purchaser of a single-family residence, the cost of which dock does not exceed x,500.09-. $10,000.00 i) Any other exemptions which may be provided in Chapter 90.58 RCW. Pag i of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 10.09 "Waterfront areas" means land areas immediately adjacent to and along the ordinary high-water mark. 10.10 A "variance" is the means by which an adjustment is made in the application of specific dimensional regulations of this ordinance to a particular parcel of property, which property, because of special cir- cumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity, and which adjustment is the mini- mum necessary to remedy the disparity in privileges. 10.11 "Board" or "Board of County Commissioners" shall mean the Board of County Commissioners of Spokane County. 10.12 "Planning Agency" shall mean the Spokane County Planning Department and its staff, employees and consultants. 10.13 "Aquatic life" shall mean all living organisms, whether flora or fauna, in or on water. 10.14 "Streamway" is the stream valley area within which a stream may follow and/or change its course. 10.15 "Conditional use" is a use or activity which can be permitted only after consideration by local government and by meeting specific conditions and standards of the conditional use permit as approved by the Board and then forwarded to the Department of Ecology for approval. 10.16 "Feedlot" A feedlot shall be a lot or facility used or capable of being used for the holding of animals for the sole purpose of finish- ing for market. it does not include land for growing of crops or vegetation for animal feeding, nor normal wintering facilities or dairy operations with a Washington Grade A License. in instances where feedlots are permitted, operational guidelines (EM3479 revised) Coopera- tive Extension Service W.S.U. shall be followed. EPA standards cover- ing point and nonpoint discharge, under the Water Quality Act of 1973, Federal Register Vol. 38, No. 85, dated Thursday, May 3, 1973, shall be the regulating factor governing operations. 10.17 "Floodplain" means the land area adjoining a river, stream, watercourse, ocean, bay, or lake which is likely to be flooded. The extent of the floodplain may vary with the frequency of flooding being considered- The Corps of Engineers and the Department of Ecology, in meeting the minimum requirements of ti-'e national flood insurance pro- gram, will determine the 100-year flood as a frequency flooding. 10.18 "Floodway" means the regular channel of a river, stream, or other watercourse, plus the portion of the adjacent flood plain area which could not be removed or obstructed without causing a significant rise in flood levels including essential pondage of water retention areas. Pagi-e83of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H SECTION FIVE PUBLIC PARTICIPATION AND BACKGROUND INFORMATION The goals, policies and use regulations which constitute the management program were developed by the Department of Ecology in close coop- eration with a Citizen Advisory Committee made up of Spokane County residents. The Committee members were appointed by the Spokane County Board of County Commissioners and the Department of Ecology. The original Committee's membership, finalized at 20 people during the week of September 17, represented a wide range of interests (com- mercial, administrative, environmental, etc. ) and localities within the County. The first general meeting was held on October 26, 1973, and all interest- ed individuals were invited to attend through publicity in local news- papers. During the first meeting, Committee membership was opened to volunteers. An additional 40 people expressed interest in aiding with the program development, and sixty-one people signed up to receive newsletters. As work on the Program progressed, the Committee stabilized at 43 active members (13 appointed and 30 volunteer), and included the people listed in the Appendix, Part A. The Citizen Advisory Committee met weekly from October 26, 1973, until the end of July, 1974, for a total of 35 times. A summary of the meetings is given in the Appendix, Part B. For four weeks it was necessary to meet twice weekly in order to complete the work on time. Notices of Committee meetings were announced in local papers, and continued volunteer participation was encouraged. All municipalities in Spokane County, except the City of Spokane which is developing its own program, expressed a desire to be included in the County Program. The incorporated towns were informed of progress through the Regional Planning Conference and were supplied with copies of materials as they were being developed. Comments and criticism were solicited through the mailing list and public meetings. To further ensure public involvement, public meetings and public hear- ings were conducted prior to and after completion of work on the Pro- gram by the Citizen Advisory Committee and the Department. An additional public hearing was held on September 10. Prior to the hearing the Program was distributed for review by local, State, Federal and other interested agencies, groups, and citizens. The meeting and hearing were announced in all appropriate County and City papers, and newsletters and appropriate materials were sent to people on a large mailing list. After the September 10 public hearing, the Committee held three additional public meetings to receive additional written and oral input. Written and oral testimony was received at the meetings from various individuals. These comments (some of which are included in the Appen- dix) were later considered by the committee, and suggestions were incorporated into the Program when feasible. Page 56d of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H In addition to the meetings, further opportunity to comment or supply input was provided through submission of written comments through the mail or attendance at Committee meetings. Prior to the first public meeting on February 28, copies of materials were taken to the Spokane Chamber of Commerce, the Spokane Regional Conference, and other interested individuals and organizations for distribution and comment. Material was also available to the public at. the Eastern Regional Office of the Department of Ecology. The first public meeting was attended by 126, and the second, on May 23, by 63. Draft copies of the Shoreline Management Program were mailed to 73 people prior to the public hearing held on June 13. Because of the considerable interest shown at the hearing and several requests for revision by the Committee, the public, and governmental agencies, an additional public hearing was scheduled for the revised Program. The public hearing on September 10 was attended by nearly 200 persons with 38 offering written or oral testimony. Prior to the hearing, over 400 notices of the hearing were mailed out and over 110 copies of the draft were sent to organizations and concerned individuals. After the September 10 public hearing, the Citizen Advisory Committee held six additional public Advisory Committee meetings and received additional input from individuals and interest groups. This additional time and input has provided the basis for the committee to make modifi- cations in the Program to accommodate most of the objections and valid concerns raised by various interests and groups. The Program was then adopted on January 15 by the Department of Ecology. Relationship with Existing Laws, Plans, and Regulations The administrative action adopting the Spokane County Shoreline Manage- ment Program will not substantially restrict or affect the types of uses allowed on private land under the zoning ordinance and other existing health and development codes. The Program reinforces existing land use patterns and the existing zoning. Generally, those areas zoned for manufacturing or higher density residential use were designated to the urban management area which accommodates such commitments and land uses. Commercial resort areas which were zoned commercial were de- signated rural to allow such activities. While the Program will not affect types and intensities of land uses, it will provide additional regulations and standards for those portions of the development which either locate within the wetland area or have environmental impact on the shoreline area. Since the shoreline area is zoned to allow uses which are also allowed by the Shoreline Program, the Program should have little or no impact on the expectation of private land owners. The existing zoning ordinance defines 17 types of zone districts. The vast majority of the shoreline area is either zoned Unclassified or Agri- culture, which allows agricultural activity and single-family homes. In these two districts, any development involving a change or intensifica- tion of land use would require a rezone. The rezone process would subject the project to the regulations and standards of the applicable zone district, to Public and Planning Commission review, and County Commission approval . The rezone process often includes Page--0 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H application of other regulations, including subdivision regulations, health regulations, compliance with the State Environmental Policy Act, and the Shoreline Management Act. Compliance with the Shoreline Act, to date, has been based on the Act since June of 1971, and the Final Guidelines have provided additional guidelines since June of 1972. With the completion of the Program, development will be required to meet the intent, policies, and regulations of the Spokane County Shoreline Man- agement Program. The management program includes evaluation and coordination with other state and federal programs and plans pertaining to shoreline develop- ment in Spokane County, including the following: 1 . RCW 43.51.750 - 820, Preservation of Sites and Funding Require- ments. 2. Washington State Department of Fisheries, Criteria Governing the Design of Bulkheads, Landfills and Marinas. 3. Chapter 248.148 WAC, Marinas. 4. Chapter 78.44 RCW, Surface Mining Act. 5. Chapter 47.42 RCW, Highway Advertising Control Act. 6. Cattle Feedlots and the Environment; Control Guidelines, Environ- mental Protection Agency, Region X, April 1972. 7. Chapter 70.95 RCW, Solid Waste Management and Chapter 173-301 WAC, regulation relating to Minimum Functional Standards. 8. Biological Impact of Combined Metallic and Organic Pollution in the Coeur D'Alene-Spokane River Drainage System, William H. Funk and others, Washington State University and University of Idaho, Joint Project Completion. Report to Office of Water Resources Re- search, Department of the Interior, June 30, 1973. 9. Completion Report, Shoreline Management Inventory, Spokane County, 1973. - - - 10. Spokane County Proposed Subdivision Control Ordinance. 11 . Spokane Metropolitan Area Transportation Study, (Land Use Plan) and Study Reports. 12. Spokane County and City of Spokane Solid Waste Management Pro- grams. 13. Spokane Riverfront Development Program, Phases I & I I Program for Phase Ill . Page571 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H Natural Setting and Existing Shoreline Development This Management Program applies to all those shorelines and associated wetlands subject to the Shoreline Management Act of 1971 that are located within the jurisdiction of Spokane County. There are a total of 438.5 miles of such shorelines, 319.9 miles associated with streams or rivers and 118.6 miles associated with lakes. The County includes two major rivers, six streams, and forty-seven water bodies. The Spokane River is one of the State's most significant rivers in terms of its in- herent natural amenities, its close proximity to the State's second largest population center, and its complex water quality problems. The Little Spokane River provides significant wildlife habitat and meanders through a flood plain setting in its lower reaches. Most of the lakes and potholes of the southern two-thirds of the County are located in the "Channeled Scablands" in a basalt canyon-like setting. Most of the larger lakes have been utilized for residential purposes or for vacation and second homes. Residential use of shorelines without proper sani- tary sewers and the failure of individual septic drainfields has hastened the eutrophication process in several of the County's lakes and is a possible source of pollution in many lakes and streams. ENVIRONMENTAL IMPACT OF THE PROGRAM To the degree the Management Program controls the nature and poten- tial for development along a shoreline, it will have impacts on the environment. This Program has considerable capability to control development through outright prohibition of types of development in some areas and through regulation standards for building locations and types. Beneficial impacts will come not only from the encouragement of developments which are appropriate and in keeping with the goals of the Program, but also the prevention of inappropriate development. I n fact, prevention of adverse impacts is one of the meanings of beneficial impact. The following environmental impacts are anticipated to result after adoption and implementation of the Spokane County Shoreline Manage- ment Program. 1. Shorelines will be recognized and treated as a fragile and limited resource. Water-related and water-dependent activi- ties will be given priority for shoreline locations, while those not requiring waterfront locations will be discouraged. 2. The Program will result in the promotion of proper develop- ment in suitable locations with more intensive use of some shorelines and less intensive use of others. Because of the classification of shorelines into management areas which specify varying intensities of use, very intensive use will be restricted to a limited segment of the shoreline. Those segments which are designated urban or rural should experience increased and accelerated destruction of habitat over what would be expected without the Program. Areas which are designated conservancy, pastoral, or natural will experience less disturb- ance than would be expected without the Program. Page52 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 3. The Program will prevent uncoordinated, piecemeal develop- ment along the shorelines. Piecemeal and spot development will be avoided because of the comprehensive approach to the classification of shorelines resulting in the clustering and channeling of certain types of development into areas which are physically capable of accommodating such development. 4. The Program will protect against adverse effects to public health and safety by promoting proper sanitary and water quality measures. It will enhance public and private property by limiting and regulating development in unsuitable areas, like floodpiains, slide areas, steep slopes and swamps. Further, it will protect the land, its vegetation and wildlife by regulating or excluding development from ecologically fragile areas. Finally, the Program will protect and maintain water quality for aquatic life and plants by limiting and regulating shoreline activities such as construction of fills, bulkheads, riprap, outfalls, boating facilities, sand and gravel removal, solid waste disposal, dredging, and aquacul- tural projects. S. The Program will provide the basis for coordinated planning efforts between federal, state and local levels of government. In this way, it will promote a regional approach to shoreline problems. 6. The Program will promote development which will enhance public enjoyment of shorelines. - While no increases in public access along shorelines will be realized in the near future, the Program will protect existing public access and encourage common access by property owners in residential develop- ments. This should encourage the preservation of the natural character of shorelines, especially along the shorelines of statewide significance. 7. The Program will promote long-range over short-range bene- fits, especially along the shorelines of statewide significance, by enhancing existing shoreline development and restoring damaged shorelines. Appearance of future shoreline develop- ment will be enhanced through standards for construction of roads, bulkheads, piers, and buildings. These same stand- ards will decrease and/or enhance their visual impact, even in intensely developed areas. In turn, these regulations will protect public rights for navigation, minimize damages to the ecology and environment, and increase recreational opportun- ities, particularly through increased public access to publicly- owned shorelines. 8. The Program will generally protect shoreline resources. The quality of the environment along all shorelines where develop- ment is to occur will be enhanced with regard to water quality through the prevention of nonpoint sources of pollution. Although specific regulations are not developed for all situa- tions, used properly, the Program serves as a guideline on Pag&71 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H the impacts and issues to be considered in the planning process and issuance of permits for all types of development. The Program will assist the County in preserving scenic areas, promoting good design in shoreline development, dis- couraging visually undesirable development, restoring blighted shorelines, and preserving historical and archaeological sites along the shorelines. 9. The adoption of the Management Program for the County will clarify many policy questions relating to development in the shoreline area. Prior to completion of the local Program, Substantial Development Permits were based on compliance with the Act and the Guidelines developed by the Department. These guidelines were written in a general manner in order to have applicability to all areas of the State. The Act intended that the local programs would become more specific and more closely related to local situations. Thus, this Program will have the effect of reducing the administrative costs and conflicts resulting from the implementation of the Shoreline Management Act by more specifically defining the types of development and the conditions to which those developments must conform. Program Development Alternatives 1 . Program Development by Spokane County or the Department of Ecology Spokane County was presented with the opportunity to develop its own shoreline management program, but elected to leave the respon- sibility to the State Department of Ecology. Consistent with the intent of the Act that programs be developed locally, the Depart- ment of Ecology chose to solicit local involvement through the Citizen Advisory Committee with public meetings and public hear- ings. During the formulation of goals, policies, and use regulations, the Advisory Committee considered a wide range of possible alterna- tives from strict adherence to the generalized standards set up by the State guidelines to extremely localized consideration of small individual areas. The Committee also considered variations in the regulations from adoption of minimal to very rigid control standards. Goals, policies and use regulations, as drafted, represent hours of consideration of the alternatives. The alternatives considered by the Citizen Advisory Committee are summarized in the narrative of this section. 2. Environment Designations The actual shoreline management area designated produced several alternatives to the Program as now drafted. Four committees were established based on the four management designations established in the State Guidelines ( urban, conservancy, rural, and natural) . Based on soil maps, aerial photos, and USGS maps, the shoreline inventory prepared by Spokane County and knowledge of specific Page 74 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H shoreline locations by committee members, each committee desig- nated the shorelines according to established criteria. The four committees' work resulted in alternative designations by the various committees. An administrative committee was established to resolve the conflicting designations and to bring their recommendations before the entire committee for resolution. to addition to specific shoreline areas where various committee members found themselves in disagreement, there became an apparent need to develop an additional environment designation to cover a situation unique to Spokane County. Although the definitions of the four environ- ments listed in the guidelines are essentially the same as those originally utilized by Spokane County, some amount of conflict arose when applying classifications to specific areas. A large part of Spokane County's shorelines fit the characteristics of the natural designation. However, these areas have historically been used for cattle grazing and the harvesting of noncultivated crops (such as hay). The committee had, throughout its deliberation, expressed concern for protecting agricultural activities and preserving agri- cultural areas as part of the open space resources of Spokane County. Thus there was an apparent need to develop an addi- tional environment designation to cover this situation unique to the County. The pastoral area was then defined and assigned to qualifying areas. This gave Spokane County five environment designations to work with and the needed flexibility to cover all lands within its boundaries. 3. Determination of the Extent of the Floodplain of the Little Spokane River Because floodplain studies by the Corps of Engineers or the De- partment of Ecology are not available, determination of the flood- plain boundary caused some conflict in committee deliberations. There appears to be a need to distinguish between a designation of the total floodplain area and the actual streamway. In order to accomplish recognition of this distinction, the possibility was explored to provide some areas within the shoreline jurisdiction with a designation distinct from the remainder of the floodplain. However, without the necessary studies, the distinction could not be applied to the river's floodplain. To provide clarification in the matter for the administration and the implementation of this plan, the Program makes a recommendation that studies be undertaken to define the floodplain boundaries. 4. Program Element Early in the development of the Program, the Committee realized that many of the goals and policies could not be implemented through the shoreline program. These situations were recognized by Program components in the form of recommendations to the Spokane County Board of County Commissioners including studies and proposals to be accomplished in other State and local programs, and for assistance to educational institutions and citizen volunteer groups. Three types of programs for implementation were de- veloped; regulation, public acquisition and development, and the encouragement of citizen action. Paaehof82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 5. A More Complex Master Program A more comprehensive and detailed Master Program could have been developed. This document would take the place of local ordinances in setting standards for development in the shoreline zone. Additional adjustment by local ordinances would not be required to attain greater specificity in this Program. Continuous adjustment to changing conditions would be needed to make this alternative work in the years to come. Pale$6 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2 0471 BEFORE THE BOARD OF COUNTY COMMISIONERS OF SPOKANE COUNTY IN THE MATTER OF AMENDING THE SPOKANE ) COUNTY SHORELINE PROGRAM, SECTION FOUR, ) SECTION VI., SUBSECTION 8.2.2 (THE RURAL AREA, ) THE URBAN AREA) RESIDENTIAL DEVELOPMENT ) FINDINGS OF FACT, REGULATIONS TO ALLOW RURAL AND URBAN ) AND SHORELINE AREA DESIGNATIONS WITH SLOPES ) RESOLUTION 20 PERCENT OR GREATER TO COMPLY WITH THE ) GEO-HAZARD REQUIREMENTS OF THE SPOKANE ) COUNTY CRITICAL AREAS ORDINANCE ) WHEREAS, pursuant to the provisions of RCW Chapter 36.70, the Board of County Commissioners of Spokane County, hereinafter referred to as the"Board,"has created a Planning Commission, hereinafter referred to as the "Commission," and a Division of Planning; and WHEREAS, pursuant to the provisions of RCW Chapter 90.58, the Board has adopted the Spokane County Shoreline Program, codified in Spokane County Code Chapter 4.26, and approved by the Washington State Department of Ecology on January 15, 1975; and WHEREAS, pursuant to the provisions of RCW Chapter 36.70A, the Board has adopted a Comprehensive Plan for the unincorporated areas of Spokane County; and WHEREAS, pursuant to the provisions of the Spokane County Shoreline Program, Section IX, Section 9.1, the Commission reviews the Spokane County Shoreline Program and makes recommendations to the Board; and WHEREAS, pursuant to the provisions of RCW Section 36.70A.480, the Spokane County Shoreline Program is an element of the Spokane County Comprehensive Plan; and WHEREAS, pursuant to the provisions of RCW Section 36.70A.480, Shoreline Master Programs are adopted pursuant to the procedures in RCW Chapter 90.58; and WHEREAS, pursuant to the provisions of RCW Section 36.70A.130(2)(a)(ii), amendments to shoreline master programs may be considered more frequently than annually under the procedures set forth in RCW Chapter 90.58; and WHEREAS, pursuant to the provisions of WAC Section 173-26-100, a Notice of Intent to Adopt was sent February 13, 2002 to the Washington State Office of Community Development, Washington State Department of Ecology, and other state agencies; and WHEREAS, pursuant to the provisions of WAC Section 197-11-340(2), and the Spokane Environmental Ordinance, County Code Chapter 11.10; the Spokane County Division of Planning prepared an Environmental Checklist for nonproject action and issued on February 25, 2002 a Determination of Nonsignificance (DNS); and Page 77 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2 0471 WHEREAS, pursuant to the provisions of WAC Section 197-11-340(2), and the Spokane Environmental Ordinance, County Code Chapter 11.10; public notice was published February 25, 2002, and after fourteen(14) days, no comments were received on the DNS; and WHEREAS, pursuant to the provisions of RCW Chapter 36.70A, the Board adopted Public Participation Guidelines, and subsequently amended said policies (BOCC Resolution No. 98-0144 and No. 98-0788, respectively); and WHEREAS, pursuant to the provisions of WAC Sections 173-26-100 and 365-195-600, and the adopted Public Participation Guidelines, the Spokane County Division of Planning provided notice to County, local and state agencies, and the public to receive comments on the proposed amendment; and WHEREAS, after providing fifteen (15) days public notice, the Commission held a public hearing and workshop on March 14, 2002 to consider the amending the Spokane County Shoreline Program, as particularly set forth in Attachment "A", attached hereto and incorporated herein by reference; and WHEREAS, pursuant to Section IX, Section 9.1, of the Spokane County Shoreline Program, the Commission did formally recommend to the Board an amendment to the Spokane County Shoreline Program to allow in the Urban and Rural Shoreline area designations with slopes 20 percent or greater to comply with the requirements of the Spokane County Critical Areas Ordinance; and WHEREAS, after providing ten(10) days public notice,the Board held a public hearing May 7,2002, and received no public comments for or against the Commission's recommendation; and WHEREAS,the Board, after considering the recommendation of the Commission and the testimony from the public hearing, and after reviewing the Findings of Fact, determines the best interests of the public will be met by the Board's approving the revised proposed amendment to the Spokane County Shoreline Program NOW, THEREFORE, BE IT RESOLVED by the Spokane County Board of Commissioners after considering all of the above, approves the proposed amendment to the Spokane County Shoreline Program for submittal to the Washington State Department of Ecology for approval and enters the following Findings of Fact. FINDINGS OF FACT I. Pursuant to the provisions of Section IX, Section 9.1, the Commission has the legal authority to recommend to the Board of County Commissioners changes to the Spokane County Shoreline Program. II. Pursuant to the provisions of RCW Chapter 36.70A and RCW Chapter 90.58, the proposed amendment is consistent with the Spokane County Comprehensive Plan and the Washington State Shoreline Act. Page 78 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2 0471 III. Spokane County has provided for early and continuous public participation in the consideration and adoption of amendments to the Spokane County Shoreline Program. Public participation included: a. Notification of County, local and state agencies to receive comments on the proposed amendment. b. Public hearing and workshop by the Commission to develop a recommendation to the Board of County Commissioners. c. Notice of the hearing and workshop was published in the Spokesman Review newspaper and was posted to the Spokane County website. d. Public notice of the Board's hearing as required by Washington State law, including legal notice published in the Spokesman Review newspaper, and a notice published in the Spokane County Division of Planning newsletter. IV. After public notice, the Commission held a public hearing and workshop on March 14, 2002 to consider Attachment "A", attached hereto and incorporated herein by reference, as well as other relevant information and testimony. V. The proposed amendment,the Planning Commission recommendation and the Division of Planning file were introduced to the Board at the March 26, 2002 regular public meeting. VI. After public notice, the Board held a public hearing on May 7, 2002 to consider, and to receive public comments for and against,the Planning Commission's recommendation. VII. The amendment corrects an existing Shoreline development regulation that is inconsistent with residential construction in other Shoreline area designations. VIII. The amendment provides consistency with the Spokane County Critical Areas Ordinance Geo- hazard regulations. IX. The Board acknowledges the Determination of Nonsignificance (DNS) issued by the Spokane County Division of Planning on February 25, 2002 with respect to the Shoreline Program Amendment. X. The Board concurs with the Findings of Fact, Decision and Recommendation of the Planning Commission dated March 14, 2002. Page 79 of 82 Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2 04'71 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Spokane County does hereby adopt the recommendation of the Spokane County Planning Commission with respect to the Zoning Code of Spokane County and approves the proposed amendment, as set forth in Attachment"A". BE IT FURTHER RESOLVED, that the Clerk of the Board is directed to publish a notice of adoption pursuant to RCW 36.70A.290(2b). APPROVED BY THE BOA• 0_�x S BOARD OF OUNTY COMMISSIONERS 7th DAY OF May 2002 ____..---&& cols`"ti,‘ •F ,A? , C 9 UNTY, WASHINGTON 4 •_.0• CC•sr• 111 I /cias i O�.QO G�. .v �l t--:- • . « : • ; ate c , Chair ATTEST: pit `- ss�a. S Vicky M. Dalton 11 Cr = O i I Af of / Clerk of the Board ‘`‘'.•...,--=` • I'oskelley, Vice-Cha Y: jo.... . / A .�___ _� _i.i i/ 1 I II aniela Erickson, •eputy P, Iv• •. ' arris Page 80 of 82 • Shoreline Master Program Uniform Development Code Title 21 Appendix 21-H 2 0471 ATTACHMENT"A" Section Four, Section VI.,Regulations for Use Activities 8. REGULATIONS FOR RESIDENTIAL DEVELOPMENT 8.2 The Rural Area, The Urban Area 8.2.1 Density shall be based on the biophysical capabilities of the site, soil percolation rates and Spokane County Health District regulations, Spokane County zoning and subdivision regulations, and the Comprehensive Plan. 8.2.2 Buildings constructed in areas of 20 percent or greater slope, or slide-prone areas, shall conform to the requirements for Geologically Hazardous Areas of the Critical Areas Ordinance. Buildings shall not be constructed in -. =.. = ! := -=• - - = ==, flood hazardous areas; 8.2.3 Adequate water supply, wastewater disposal, solid waste disposal, and storm drainage facilities shall be provided in accordance with the Regulations on Utilities and the Regulations on Solid Waste Disposal, as applicable. 8.2.4 The aesthetics and natural characteristics of the area, including scenic views, soils, and vegetation, shall be preserved to the maximum extent possible. The clearing of land for development shall meet applicable requirements of Subsection 3.2.3, Regulations for Forest Practices, p. 4-9. Page 81 of 82 Pend Oreille Coun SHORELINE PROGRAM Shoreline Ma tsi agram 1..111111. .'■ -.r - 'o►Tde i!a 21 Appendix 21-H ❑ P.am.l • watarBoay MP E con—y • Marsh LIMO ' 14 ig 11 ❑ Natant N Municipal Bowdary r • Rural UGABoanmry ■ Urban // lointPlaa,ieg Asa Itabeir ..05 on<weave•...r®oememnmm.w..�.mmm.nw®.nwwane.mmmms eea�hm<0.am.awa.m..�w..mw<mnmwowa.m:wmxgemsmwm tr56041-jirimajalif V,oa+= ti==lio °..="°vmm.7:Ji0 � n ,m� vmmm .m .m2xp.m ■ ,. 1 m_. ._- ■ 1 il ja" .1\ ...J X11; LEIPINIP11116 4 oppo til kW& ..tititam IN wilar" run. : 711111.0.414.,a,,,i 1 _§), pill III. .\''"11114 .,"-- - 11:14::41?""LS!ah- Illq MIW ‹. _, ex t . I II kik 1.1 ' ,.2 e. 1*.roraitisrai. °Mr ,,, , ktomo J$ 'Cl'iji-ir Air 49401ileriimm 111111 in 111111111116 riso 1 1 w I ' misrair 12 i s r pi 4 _„ ,1111 - -r 7.ii---li' MINI ti 4 1 111111111111i1P ilnivirilliii r: iia.--iim ir cg 1 pirm. , i wzoiempfrii .-3,nr .2. isek i all 1, .a ill , ili .6 , P,'' 1 / 4 yk��AIEIIflUII !IIL11 es, 1 ao A di. pi=I 1, NE ill -4111 . .,d1 --is , AN. 1111111, 00-5! swim A mo...iiii;.---Erm 5_, il. :ijimill `z, 11114116161"fh---- 7 ivA IAA AV I 41 '11 0111 4 IP 41111,101111 OSP ri,„1. ..._ ,..,,.. , 4 or, wirikalow.... ibirnisisli vita. 1. 44,,,,,.... A 116 il 1 .1„, 1.e 1 a,„,,,...,, .... ,„„,,,,,,,,,„ ....„... isimaii a Whitman County This map was published by the Spokane County Department of Building and Planning as a general 1 trnan -ounty planning tool.Due to the differing quality of source documents,the Department cannot accept asponsibility forenom or omissions,and therefore,then;am no warranties which accompany this material. AL su-(x,°n', Page 82 of 82 Washington Production Date:January12,2007 Spokane County Department of Building&Planning